Ohio § 2307.75

§ 2307.75.

(A) Subject to divisions (D), (E), and (F) of this section, a product is defective in

design or formulation if, at the time it left the control of its manufacturer, the

foreseeable risks associated with its design or formulation as determined pursuant

to division (B) of this section exceeded the benefits associated with that design

or formulation as determined pursuant to division (C) of this section. (B) The foreseeable risks associated with the design or formulation of a product shall

be determined by considering factors including, but not limited to, the following: (1) The nature and magnitude of the risks of harm associated with that design or formulation

in light of the intended and reasonably foreseeable uses, modifications, or alterations

of the product; (2) The likely awareness of product users, whether based on warnings, general knowledge,

or otherwise, of those risks of harm; (3) The likelihood that that design or formulation would cause harm in light of the intended

and reasonably foreseeable uses, modifications, or alterations of the product; (4) The extent to which that design or formulation conformed to any applicable public

or private product standard that was in effect when the product left the control of

its manufacturer; (5) The extent to which that design or formulation is more dangerous than a resonably 1 prudent consumer would expect when used in an intended or reasonably foreseeable

manner. (C) The benefits associated with the design or formulation of a product shall be determined

by considering factors including, but not limited to, the following: (1) The intended or actual utility of the product, including any performance or safety

advantages associated with that design or formulation; (2) The technical and economic feasibility, when the product left the control of its

manufacturer, of using an alternative design or formulation; (3) The nature and magnitude of any foreseeable risks associated with an alternative

design or formulation. (D) An ethical drug or ethical medical device is not defective in design or formulation

because some aspect of it is unavoidably unsafe, if the manufacturer of the ethical

drug or ethical medical device provides adequate warning and instruction under section 2307.76 of the Revised Code concerning that unavoidably unsafe aspect. (E) A product is not defective in design or formulation if the harm for which the claimant

seeks to recover compensatory damages was caused by an inherent characteristic of

the product which is a generic aspect of the product that cannot be eliminated without

substantially compromising the product's usefulness or desirability and which is recognized

by the ordinary person with the ordinary knowledge common to the community. (F) A product is not defective in design or formulation if, at the time the product left

the control of its manufacturer, a practical and technically feasible alternative

design or formulation was not available that would have prevented the harm for which

the claimant seeks to recover compensatory damages without substantially impairing

the usefulness or intended purpose of the product. 1

 So in original;  2004 S 80.