Not all product defect claims involve a claim that the product was defective in its design or in the way it was manufacturered. Sometimtes the claim is that the product didn't live up to what the manufacturer or supplier represented it to be. A manufacturer's representation claim falls under R.C. 2307.77; a supplier's representation claim is addressed separately in R.C. 2307.78(A)(2).

The distinction matters. The Ohio Product Liability Act gives injured people more than one way to show that a product was defective. The representation theory can be overlooked when a case first appears to be about design or manufacturing.

What the representation claim says

Under R.C. 2307.77, “A product is defective if it did not conform, when it left the control of its manufacturer, to a representation made by that manufacturer.”

The law also says the manufacturer need not have acted fraudulently, recklessly, or negligently in making the representation. The Act defines a representation as “an express representation of a material fact concerning the character, quality, or safety of a product.” See R.C. 2307.71(A)(14).

In plain English, ask what the manufacturer or supplier specifically said the product would do, and whether it did that when it left their control.

How it differs from the other defect claims

A manufacturing defect under R.C. 2307.74 asks whether the product deviated materially from its specifications or from otherwise identical products. A design defect under R.C. 2307.75 examines the risks and benefits of the design, including whether a practical, technically feasible alternative design was available. A failure-to-warn claim under R.C. 2307.76 focuses on missing or inadequate warnings or instructions.

A representation claim asks a different question. Did the product conform to an express factual statement about its character, quality, or safety? Depending on the claim, an injured person may not need to prove an alternative design. And unlike a failure-to-warn case, the issue is not simply whether the product supplied enough safety information. It is whether the product matched what was represented.

What must be shown

A claimant generally needs evidence of:

• An express, material factual representation about the product's character, quality, or safety.
• Who made the statement and whether that person or business was the manufacturer or supplier.
• How the representation reached the consumer, and that the consumer justifiably relied on it.
• How the product failed to conform when it left the relevant party's control.
• How that nonconformance and reliance proximately caused the injury.

The Ohio Tenth District has emphasized that a complaint must identify the representation rather than merely repeat that the product failed to conform to one. See Sattelmyer v. Covidien, L.L.C.. General praise or vague sales talk may be puffery, not a material factual representation. The claim still needs proof of injury and causation.

Where this theory may fit

A product may be represented as rated for a particular load, voltage, or temperature; compliant with a specific safety standard; or suitable for a stated use. Other examples include an advertised vehicle towing or payload capacity, a material described as a particular grade or alloy, or a stated shelf life or expiration date.

Not every disappointed expectation supports a claim. The statement should be specific, factual, material, and connected to the product's character, quality, or safety.

Preserve the proof

Keep the product and its packaging, labels, instructions, and inserts. Save the listing page, brochure, datasheet, specification sheet, advertisements, sales emails, and any messages or notes recording what a sales representative said. Photograph the product, its condition, and any identifying labels. Do not discard or repair it before getting advice about preserving evidence.

A representation is not limited to words printed on a box. It may appear in product listings, advertisements, technical documents, or sales communications. Those materials can help show exactly what was promised, who made the statement, and whether the consumer encountered and relied on it.

Plead the right Ohio claim, and watch the deadlines

The Ohio Product Liability Act governs covered claims for injury caused by a product. The Act states that it abrogates common-law product liability claims, and recovery is subject to its statutory framework under R.C. 2307.72. So when the alleged wrong is that a product injured someone because it failed to match a representation, plead the applicable statutory theory, not a stand-alone common-law misrepresentation or fraud claim as a substitute.

Timing matters. A product liability lawsuit generally must be filed within two years after the claim accrues under R.C. 2305.10(A). Ohio law also generally bars a product liability claim from accruing more than ten years after delivery to the first qualifying purchaser or lessee, subject to statutory exceptions. That is the statute of repose in R.C. 2305.10(C). The right deadline depends on the facts.

The takeaway

In intake and discovery, ask, “What was this product promised to do, and did it do it?” A case that looks like a difficult design defect claim may have a stronger representation theory hiding in the marketing or sales materials.

Righting Wrongs and Protecting Futures means finding the facts that matter and acting to protect what comes next. If a product injured you in Ohio after failing to perform as represented, contact our product liability team. Call 614-508-1677 or 888-343-9796. Drop us a line. Let's talk about righting wrongs and protecting futures.