OH SB38

Establishes a "reasonable expectation" test for determining liability in civil lawsuits involving injuries, death, or loss caused by consuming food containing substances injurious to human health

Applies to food obtained from food service operations (restaurants, etc.) or suppliers who place food in the stream of commerce

Liability of operators and suppliers depends on whether the injured person reasonably expected the food would not contain a harmful substance

Requires the jury (trier of fact) to determine whether the consumer's expectation was reasonable, rather than leaving this as a question of law for judges

Enacts new section 2307.56 of the Ohio Revised Code, introduced by Senator DeMora in the 136th General Assembly (2025-2026)