DEMAND FOR SETTLEMENT - PRODUCTS LIABILITY

STATE OF OHIO

[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Ohio ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Ohio

DATE: [Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[General Counsel / Risk Management / Claims Representative]
[Manufacturer / Distributor / Retailer Name]
[Street Address]
[City, State ZIP]

RE: PRODUCTS LIABILITY CLAIM - SETTLEMENT DEMAND
Claimant: [Client Full Name]
Date of Incident: [Date]
Product: [Product Name, Model Number, Serial Number]
Manufacturer: [Manufacturer Name]
Purchase Date/Location: [Date / Retailer Name]
Claim Number: [If assigned]

Dear [Recipient Name]:

This firm represents [Client Name] in connection with serious personal injuries caused by a defective [Product Name] designed, manufactured, distributed, and/or sold by your company. This letter constitutes our formal demand for settlement under Ohio products liability law, specifically the Ohio Products Liability Act, Ohio Rev. Code Sections 2307.71 to 2307.80.

I. OHIO PRODUCTS LIABILITY LEGAL FRAMEWORK

A. Governing Law

Ohio products liability claims are governed by the Ohio Products Liability Act (OPLA), Ohio Rev. Code Sections 2307.71 to 2307.80. The OPLA is the exclusive remedy for product liability claims in Ohio, superseding common law strict liability claims. Miles v. Raymond Corp., 612 F. Supp. 2d 913 (N.D. Ohio 2009).

B. Statute of Limitations

Under Ohio Rev. Code Section 2305.10(A), the statute of limitations for products liability claims is two (2) years from the date the cause of action accrues. This claim arises from an incident that occurred on [Date], and therefore the limitations period expires on [Expiration Date].

Ohio applies the discovery rule for latent injuries; the cause of action accrues when the plaintiff discovers or should have discovered the injury.

C. Statute of Repose

Under Ohio Rev. Code Section 2305.10(C), a ten (10) year statute of repose applies to products liability claims. No action may be commenced more than ten years after the product was first purchased or first leased for use or consumption.

Exceptions: The statute of repose does not apply if:
- The manufacturer or supplier provided an express warranty covering more than ten years
- The manufacturer fraudulently concealed the defect

D. Theories of Liability Under Ohio Law

The Ohio Products Liability Act recognizes the following theories:

1. Manufacturing Defect (Ohio Rev. Code Section 2307.74):

A product is defective in manufacture if, when it left the control of its manufacturer, it deviated in a material way from the design specifications, formula, or performance standards of the manufacturer, or from otherwise identical units manufactured to the same design specifications.

2. Design Defect (Ohio Rev. Code Section 2307.75):

A product is defective in design if:
- The foreseeable risks associated with the design exceeded the benefits associated with that design; OR
- The product is more dangerous than an ordinary consumer would expect when used in an intended or reasonably foreseeable manner

Ohio uses both the risk-utility test and consumer expectation test for design defects.

Risk-Utility Factors under Ohio Rev. Code Section 2307.75(B):
- Nature and magnitude of product risks
- Likelihood that the product would cause harm
- Feasibility of an alternative design
- Effect of an alternative design on the product's usefulness
- Ability of the product user to have avoided harm
- Existence and adequacy of warnings and instructions
- The manufacturer's ability to spread the risk

3. Inadequate Warning or Instruction (Ohio Rev. Code Section 2307.76):

A product is defective due to inadequate warning or instruction if:
- The manufacturer knew or should have known of the risk
- The product is one that a manufacturer should reasonably have anticipated would be dangerous for its intended use
- The manufacturer failed to provide adequate warning or instruction

4. Nonconformance with Representation (Ohio Rev. Code Section 2307.77):

A product is defective if it did not conform to a representation made by its manufacturer.

5. Negligence:

While OPLA is the exclusive remedy for "product liability claims," separate negligence claims may survive in limited circumstances.

6. Breach of Warranty:

Ohio recognizes claims for breach of express warranty, implied warranty of merchantability (Ohio Rev. Code Section 1302.27), and implied warranty of fitness for a particular purpose (Ohio Rev. Code Section 1302.28).

E. Comparative Fault

Ohio follows modified comparative negligence with a 50% bar under Ohio Rev. Code Section 2315.33. A plaintiff's recovery is reduced by their percentage of fault. If the plaintiff's fault is greater than the combined fault of all defendants, recovery is barred.

Our client bears no responsibility for this incident and was using the product in a reasonably foreseeable manner.

F. Damage Caps

Non-Economic Damages (Ohio Rev. Code Section 2315.18):

Non-economic damages are capped at the greater of:
- $250,000; or
- Three times the economic damages, up to a maximum of $350,000 per plaintiff or $500,000 per occurrence

Exception: No cap applies in cases of permanent and substantial physical deformity, loss of use of limb, or loss of a bodily organ.

Punitive Damages (Ohio Rev. Code Section 2315.21):

Punitive damages require proof by clear and convincing evidence that the defendant's conduct demonstrated malice, aggravated or egregious fraud, or was engaged in with knowledge that the product may cause damage.

Punitive damages are generally capped at two times compensatory damages. However, there is no cap for small employers (fewer than 100 employees) if the defendant acted with deliberate intent to cause injury.

II. PRESERVATION OF EVIDENCE - CRITICAL NOTICE

YOU ARE HEREBY DIRECTED TO IMMEDIATELY PRESERVE ALL EVIDENCE relating to this product and claim, including but not limited to:

Product-Related:
- The subject product and all component parts
- Design documents, specifications, and engineering drawings
- Manufacturing records and quality control data
- Testing data and safety assessments
- All versions of warnings, labels, and instructions
- Marketing and advertising materials

Regulatory and Compliance:
- Communications with CPSC, FDA, or other regulatory agencies
- Recall notices and service bulletins
- Adverse event reports and consumer complaints

Claims History:
- Prior claims and lawsuits involving this product
- Prior complaints regarding similar defects

Ohio courts recognize spoliation claims and sanctions. Drawl v. Cornicelli, 124 Ohio App. 3d 562, 706 N.E.2d 849 (1997). Destruction of evidence may result in adverse inference instructions and independent tort liability.

III. THE DEFECTIVE PRODUCT

A. Product Identification

B. Chain of Distribution

The following entities are in the chain of distribution and may bear liability under Ohio law:

IV. THE DEFECT

A. Nature of Defect

[MANUFACTURING DEFECT / DESIGN DEFECT / INADEQUATE WARNING - Select applicable]

[Detailed description of the defect]:

The [Product Name] is defective under Ohio Rev. Code Section [2307.74 / 2307.75 / 2307.76] because [describe specific defect].

For Manufacturing Defect (Ohio Rev. Code Section 2307.74):

The product deviated in a material way from the manufacturer's design specifications, formula, or performance standards.

For Design Defect (Ohio Rev. Code Section 2307.75):

The product is defective because:

Consumer Expectation Test: The product was more dangerous than an ordinary consumer would expect when used in an intended or reasonably foreseeable manner.

Risk-Utility Test: The foreseeable risks of the design exceed its benefits, considering:
- The severe nature and magnitude of the risk
- The high likelihood of harm
- The availability of feasible alternative designs
- The minimal impact on product usefulness from safer design
- [Additional factors]

For Inadequate Warning (Ohio Rev. Code Section 2307.76):

The manufacturer knew or should have known of the risk of [describe risk] but failed to provide adequate warning or instruction.

B. Alternative Safer Design

A feasible alternative design existed at the time of manufacture:

[Describe the alternative safer design that would have prevented injury]

This alternative design was:
- Technologically feasible
- Economically feasible
- Used by competitors or in subsequent models
- Would have prevented our client's injury

V. THE INCIDENT

A. How the Injury Occurred

On [Date], at approximately [Time], our client was [describe activity]:

[Detailed narrative of the incident]

B. Foreseeable Use

Our client was using the product in a manner that was intended or reasonably foreseeable by the manufacturer. Under Ohio Rev. Code Section 2307.75(A)(2), a product is defective if dangerous for intended or reasonably foreseeable use.

C. Causation

The defect in the [Product Name] was the direct and proximate cause of our client's injuries under Ohio law.

VI. PRIOR KNOWLEDGE OF DEFECT

[If applicable - supports punitive damages claim]

Your company knew or should have known of this defect prior to our client's injury:

• [Number] prior complaints regarding this defect
• [Number] prior injuries caused by this defect
• [Recall or service bulletin information]
• [Regulatory correspondence]
• Internal documents acknowledging the defect

This prior knowledge demonstrates the malice, fraud, or deliberate disregard required for punitive damages under Ohio Rev. Code Section 2315.21.

VII. INJURIES AND DAMAGES

A. Injuries Sustained

As a direct and proximate result of the defective product, our client sustained the following injuries:

• [Injury 1]
• [Injury 2]
• [Injury 3]
• [Permanent conditions, if any]

B. Medical Treatment

Emergency Treatment:
- Date: [Date]
- Facility: [Hospital Name]
- Treatment: [Description]

Surgical Treatment:
- Date(s): [Dates]
- Procedures: [Description]

Ongoing Treatment:
- [Current treatment needs]

C. Damages Summary

[Note: Non-economic damages subject to statutory caps under Ohio Rev. Code Section 2315.18 unless exceptions apply]

D. Punitive Damages

[If applicable:]

Your company's conduct demonstrates malice, fraud, or deliberate disregard for consumer safety, warranting punitive damages under Ohio Rev. Code Section 2315.21. We reserve the right to seek punitive damages up to the statutory cap (2x compensatory damages).

VIII. SETTLEMENT DEMAND

A. Demand Amount

Based upon the clear liability under the Ohio Products Liability Act, the severity of our client's injuries, and the substantial damages incurred, we hereby demand:

$[DEMAND AMOUNT]

B. Time for Response

This demand will remain open for forty-five (45) days from the date of this letter, expiring on [Expiration Date].

IX. DOCUMENTATION ENCLOSED

• Medical records and bills
• Photographs of the defective product
• Photographs of injuries
• Employment and wage records
• Expert reports (if available)
• Recall notices or safety bulletins (if applicable)
• [Other relevant documentation]

X. CONCLUSION

This case involves a defective product that caused serious injuries to an innocent consumer using the product in a foreseeable manner. Under the Ohio Products Liability Act, your company is liable for these injuries.

We urge you to evaluate this claim seriously and respond with a reasonable settlement offer. If this matter cannot be resolved, we are prepared to file suit in the Court of Common Pleas, State of Ohio, and pursue this matter through trial.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Ohio Supreme Court Registration No. [Number]
Attorney for [Client Name]

ENCLOSURES: As noted above

cc: [Client Name]
[Co-Counsel, if any]
File

OHIO PRODUCTS LIABILITY PRACTICE NOTES

• OPLA is Exclusive Remedy: The Ohio Products Liability Act is the exclusive remedy for product liability claims. Common law strict liability is not available. Ohio Rev. Code Section 2307.71(B).

• Dual Test for Design Defects: Ohio uses both consumer expectation and risk-utility tests under Ohio Rev. Code Section 2307.75.

• Modified Comparative Negligence (50% Bar): Plaintiff barred if their fault exceeds combined defendant fault. Ohio Rev. Code Section 2315.33.

• Non-Economic Damage Caps: Generally capped at greater of $250,000 or 3x economic damages (max $350,000/$500,000). Exceptions for catastrophic injuries.

• Punitive Damage Caps: Generally capped at 2x compensatory damages. Ohio Rev. Code Section 2315.21.

• 10-Year Statute of Repose: Ohio Rev. Code Section 2305.10(C).

• Joint and Several Liability: Ohio abolished joint and several liability for non-economic damages in most cases. Ohio Rev. Code Section 2307.22.

• Regulatory Compliance Defense: Evidence of compliance with government standards is admissible. Ohio Rev. Code Section 2307.75(F).

• Supplier Liability: Under Ohio Rev. Code Section 2307.78, suppliers may be liable if they participated in design, made express representations, or failed to exercise reasonable care.

• Venue: County where defendant resides, where cause of action arose, or where plaintiff resides. Ohio Civ. R. 3(B).