Ohio § 2305.10

§ 2305.10.

(A) Except as provided in division (C) or (E) of this section, an action based on a product

liability claim and an action for bodily injury or injuring personal property shall

be brought within two years after the cause of action accrues.  Except as provided in divisions (B)(1), (2), (3), (4), and (5) of this section,

a cause of action accrues under this division when the injury or loss to person or

property occurs. (B)(1) For purposes of division (A) of this section, a cause of action for bodily injury

that is not described in division (B)(2), (3), (4), or (5) of this section and that

is caused by exposure to hazardous or toxic chemicals, ethical drugs, or ethical medical

devices accrues upon the date on which the plaintiff is informed by competent medical

authority that the plaintiff has an injury that is related to the exposure, or upon

the date on which by the exercise of reasonable diligence the plaintiff should have

known that the plaintiff has an injury that is related to the exposure, whichever

date occurs first. (2) For purposes of division (A) of this section, a cause of action for bodily injury

caused by exposure to chromium in any of its chemical forms accrues upon the date

on which the plaintiff is informed by competent medical authority that the plaintiff

has an injury that is related to the exposure, or upon the date on which by the exercise

of reasonable diligence the plaintiff should have known that the plaintiff has an

injury that is related to the exposure, whichever date occurs first. (3) For purposes of division (A) of this section, a cause of action for bodily injury

incurred by a veteran through exposure to chemical defoliants or herbicides or other

causative agents, including agent orange, accrues upon the date on which the plaintiff

is informed by competent medical authority that the plaintiff has an injury that is

related to the exposure, or upon the date on which by the exercise of reasonable diligence

the plaintiff should have known that the plaintiff has an injury that is related to

the exposure, whichever date occurs first. (4) For purposes of division (A) of this section, a cause of action for bodily injury

caused by exposure to diethylstilbestrol or other nonsteroidal synthetic estrogens,

including exposure before birth, accrues upon the date on which the plaintiff is informed

by competent medical authority that the plaintiff has an injury that is related to

the exposure, or upon the date on which by the exercise of reasonable diligence the

plaintiff should have known that the plaintiff has an injury that is related to the

exposure, whichever date occurs first. (5) For purposes of division (A) of this section, a cause of action for bodily injury

caused by exposure to asbestos accrues upon the date on which the plaintiff is informed

by competent medical authority that the plaintiff has an injury that is related to

the exposure, or upon the date on which by the exercise of reasonable diligence the

plaintiff should have known that the plaintiff has an injury that is related to the

exposure, whichever date occurs first. (C)(1) Except as otherwise provided in divisions (C)(2), (3), (4), (5), (6), and (7) of

this section or in section 2305.19 of the Revised Code , no cause of action based on a product liability claim shall accrue against the manufacturer

or supplier of a product later than ten years from the date that the product was delivered

to its first purchaser or first lessee who was not engaged in a business in which

the product was used as a component in the production, construction, creation, assembly,

or rebuilding of another product. (2) Division (C)(1) of this section does not apply if the manufacturer or supplier of

a product engaged in fraud in regard to information about the product and the fraud

contributed to the harm that is alleged in a product liability claim involving that

product. (3) Division (C)(1) of this section does not bar an action based on a product liability

claim against a manufacturer or supplier of a product who made an express, written

warranty as to the safety of the product that was for a period longer than ten years

and that, at the time of the accrual of the cause of action, has not expired in accordance

with the terms of that warranty. (4) If the cause of action relative to a product liability claim accrues during the ten-year

period described in division (C)(1) of this section but less than two years prior

to the expiration of that period, an action based on the product liability claim may

be commenced within two years after the cause of action accrues. (5) If a cause of action relative to a product liability claim accrues during the ten-year

period described in division (C)(1) of this section and the claimant cannot commence

an action during that period due to a disability described in section 2305.16 of the Revised Code , an action based on the product liability claim may be commenced within two years

after the disability is removed. (6) Division (C)(1) of this section does not bar an action for bodily injury caused by

exposure to asbestos if the cause of action that is the basis of the action accrues

upon the date on which the plaintiff is informed by competent medical authority that

the plaintiff has an injury that is related to the exposure, or upon the date on which

by the exercise of reasonable diligence the plaintiff should have known that the plaintiff

has an injury that is related to the exposure, whichever date occurs first. (7)(a) Division (C)(1) of this section does not bar an action based on a product liability

claim against a manufacturer or supplier of a product if all of the following apply: (i) The action is for bodily injury. (ii) The product involved is a substance or device described in division (B)(1), (2),

(3), or (4) of this section. (iii) The bodily injury results from exposure to the product during the ten-year period

described in division (C)(1) of this section. (b) If division (C)(7)(a) of this section applies regarding an action, the cause of action

accrues upon the date on which the claimant is informed by competent medical authority

that the bodily injury was related to the exposure to the product, or upon the date

on which by the exercise of reasonable diligence the claimant should have known that

the bodily injury was related to the exposure to the product, whichever date occurs

first.  The action based on the product liability claim shall be commenced within two years

after the cause of action accrues and shall not be commenced more than two years after

the cause of action accrues. (D) This section does not create a new cause of action or substantive legal right against

any person involving a product liability claim. (E) An action brought by a victim of childhood sexual abuse asserting any claim resulting

from childhood sexual abuse, as defined in section 2305.111 of the Revised Code , shall be brought as provided in division (C) of that section. (F) As used in this section: (1) “Agent orange,” “causative agent,” and “veteran” have the same meanings as in section 5903.21 of the Revised Code . (2) “Ethical drug,” “ethical medical device,” “manufacturer,” “product,” “product liability

claim,” and “supplier” have the same meanings as in section 2307.71 of the Revised Code . (3) “ Harm ” means injury, death, or loss to person or property. (G) This section shall be considered to be purely remedial in operation and shall be

applied in a remedial manner in any civil action commenced on or after April 7, 2005,

in which this section is relevant, regardless of when the cause of action accrued

and notwithstanding any other section of the Revised Code or prior rule of law of

this state, but shall not be construed to apply to any civil action pending prior

to April 7, 2005.