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The Proposed Product Liability Statute In Ohio - Its Purpose And Probable Results, George D. Roscoe Jan 1980

The Proposed Product Liability Statute In Ohio - Its Purpose And Probable Results, George D. Roscoe

Cleveland State Law Review

This note will deal with the effects of proposed Senate Bill No. 67 on product liability law as it is now practiced in Ohio, including:1) The types of claims the proposed legislation would preclude due to a time lag between the date of purchase and the date of injury; 2) the effects this proposed legislation would have upon lawsuits whose out-comes depend upon technical applications of the various statutes of limitations now in effect, which depend on whether the claim is based on written or oral contract, tort, implied or express warranty, or professional malpractice; 3) the legislation's consideration of …


The Proposed Product Liability Statute In Ohio - Its Purpose And Probable Results, George D. Roscoe Jan 1980

The Proposed Product Liability Statute In Ohio - Its Purpose And Probable Results, George D. Roscoe

Cleveland State Law Review

This note will deal with the effects of proposed Senate Bill No. 67 on product liability law as it is now practiced in Ohio, including:1) The types of claims the proposed legislation would preclude due to a time lag between the date of purchase and the date of injury; 2) the effects this proposed legislation would have upon lawsuits whose out-comes depend upon technical applications of the various statutes of limitations now in effect, which depend on whether the claim is based on written or oral contract, tort, implied or express warranty, or professional malpractice; 3) the legislation's consideration of …


A Multi-Disciplinary Approach To Seat Belt Issues, Stephen J. Werber Jan 1980

A Multi-Disciplinary Approach To Seat Belt Issues, Stephen J. Werber

Cleveland State Law Review

It is imperative that a multi-disciplinary approach to the seat belt defense be attempted. With a growing number of exceptions, courts have ruled that a defendant may not seek to lessen or avoid liability by showing that the plaintiff failed to use a restraint system. In this way the seat belt defense has frequently been rendered unavailable. Too often, the judiciary has determined as a matter of law that a reasonable person need not use a life-saving mechanism, denying juries an opportunity to reach a different conclusion. Thus, paradoxically, while courts have expanded the scope of injury liability by asserting …