Ohio § 2307.76

§ 2307.76.

(A) Subject to divisions (B) and (C) of this section, a product is defective due to inadequate

warning or instruction if either of the following applies: (1) It is defective due to inadequate warning or instruction at the time of marketing

if, when it left the control of its manufacturer, both of the following applied: (a) The manufacturer knew or, in the exercise of reasonable care, should have known about

a risk that is associated with the product and that allegedly caused harm for which

the claimant seeks to recover compensatory damages; (b) The manufacturer failed to provide the warning or instruction that a manufacturer

exercising reasonable care would have provided concerning that risk, in light of the

likelihood that the product would cause harm of the type for which the claimant seeks

to recover compensatory damages and in light of the likely seriousness of that harm. (2) It is defective due to inadequate post-marketing warning or instruction if, at a

relevant time after it left the control of its manufacturer, both of the following

applied: (a) The manufacturer knew or, in the exercise of reasonable care, should have known about

a risk that is associated with the product and that allegedly caused harm for which

the claimant seeks to recover compensatory damages; (b) The manufacturer failed to provide the post-marketing warning or instruction that

a manufacturer exercising reasonable care would have provided concerning that risk,

in light of the likelihood that the product would cause harm of the type for which

the claimant seeks to recover compensatory damages and in light of the likely seriousness

of that harm. (B) A product is not defective due to lack of warning or instruction or inadequate warning

or instruction as a result of the failure of its manufacturer to warn or instruct

about an open and obvious risk or a risk that is a matter of common knowledge. (C) An ethical drug is not defective due to inadequate warning or instruction if its

manufacturer provides otherwise adequate warning and instruction to the physician

or other legally authorized person who prescribes or dispenses that ethical drug for

a claimant in question and if the federal food and drug administration has not provided

that warning or instruction relative to that ethical drug is to be given directly

to the ultimate user of it.