Warren-Clinton News

The Ohio House of Representatives has approved House Bill 126, a measure aimed at preventing the misuse of public nuisance lawsuits against lawful industries. This legislation was introduced by State Representatives Adam Mathews and Meredith Craig.

Originally, public nuisance laws were meant to address tangible disruptions to public rights, such as obstructions in roadways. Recently, however, these laws have been used to target industries like firearm and internal combustion engine manufacturers. The new bill specifies that public nuisance claims cannot be brought against lawful activities related to product design, manufacture, or sale since product liability laws already provide appropriate legal remedies.

“Public nuisance actions were not intended to restrict lawful activities, especially when alternate avenues exist to pursue alleged malfeasance including product liability or malpractice lawsuits,” said Mathews. “House Bill 126 affirms court precedent, prevents misuse of our legal system, and ensures Ohio remains a great place to build our economy.”

Craig added that the bill is "a common sense, pro-business measure," stating it will protect Ohio’s legal system and reaffirm the proper limits of public nuisance claims.

The legislation aligns with a recent Ohio Supreme Court ruling in Trumbull County v. Purdue Pharma. The court clarified that counties could not bring public nuisance claims against pharmaceutical chains because the Ohio Product Liability Act offers the correct legal course.

House Bill 126 will now proceed to the Senate for further deliberation.