SB 38: Establish liability standard for certain food-related injuries
This bill introduces a new section to the Ohio Revised Code that aims to hold food service operators and suppliers liable for injuries caused by food containing substances injurious to human health. The liability is determined by whether the person consuming the food had a reasonable expectation that it was safe to eat. The trier of fact must decide whether the person reasonably expected the food did not contain harmful substances. This law applies to food service operations and suppliers, and it provides a framework for determining liability in cases where a person is injured or harmed by consuming food that contains harmful substances.
| Jan. 29, 2025 | Referred to committee: Judiciary |
| Jan. 28, 2025 | Introduced |
As Introduced
136th General Assembly Regular Session 2025-2026
S. B. No. 38
Senator DeMora
A B I L L
To enact section 2307.56 of the Revised Code to 1
provide for a reasonable expectation test in 2
determining liability for injury caused by 3
consumption of food containing a substance 4
injurious to health and for the jury to make 5
that determination. 6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2307.56 of the Revised Code be 7
enacted to read as follows: 8
Sec. 2307.56. (A) As used in this section: 9
(1) "Food" and "food service operation" have the same 10
meanings as in section 3717.01 of the Revised Code. 11
(2) "Operator" means the person, association, corporation, 12
or governmental operation that is responsible for conducting a 13
food service operation. 14
(3) "Supplier" has the same meaning as in section 2307.71 15
of the Revised Code as it applies to the placing of food in the 16
stream of commerce. 17
(B) In a civil action for damages brought by a person who 18
S. B. No. 38 As Introduced
suffered injury, death, or loss to person allegedly caused by 19
the person's consumption of food that contained a substance that 20
is injurious to human health and was provided to the person by a 21
food service operation or obtained by the person from a 22
supplier, the liability of the operator of the food service 23
operation or the liability of the supplier is determined by 24
whether the injured person, in consuming such food, had a 25
reasonable expectation that the food did not contain a substance 26
that is injurious to human health. 27
(C) The trier of fact shall determine whether the person 28
who suffered the injury, death, or loss to person reasonably 29
expected that the food consumed by the person did not contain a 30
substance injurious to human health. 31