Products Liability Law Reporter

A federal district court certified to the Ohio Supreme Court the state law question of whether the Ohio Products Liability Act, Ohio Rev. Code §2307.71, abrogates common law claims alleging personal injuries from the use of a digital app.

Edward Deditch was traveling on an interstate highway. Another driver, who allegedly was switching between the mobile apps for Uber and Lyft so that she could pick up passengers, allegedly rear-ended Deditch when traffic stopped. He brought a state lawsuit against Uber Technologies, Inc., Lyft, Inc., and others, alleging negligence with malice and other claims. The plaintiff claimed that the defendants owed a duty to ensure that their applications did not cause distracted driving on highways and public roads. Lyft, Inc., moved to dismiss, arguing that the Ohio Products Liability Act abrogated the plaintiff’s claims.

The district court certified the question of whether the Act abrogates common law claims alleging personal injuries from the use of a digital app, which is not a product within the meaning of the law. The court noted that the Act covers only products, defined as any object, substance, mixture, or raw material constituting tangible personal property. A product also must be capable of delivery and be intended for sale or lease to persons for commercial or personal use, the court said. The court found that the Act’s text did not appear to abrogate a common law negligence claim based on a design defect theory for something that is not a product within the meaning of the Act.

Moreover, the court said, the substantive allegations of the plaintiff’s claim, not an artificial label, determined the true nature of the claim and the consequential application of the Act.

Finding that no Ohio court had addressed the question at issue, the court concluded that the state high court should have the first opportunity to answer an important question of state law, which will affect other cases and the state’s business climate.

Citation: Deditch v. Uber Techs., Inc., 2025 WL 1928937 (N.D. Ohio July 14, 2025).

Plaintiff counsel: James E. Boulas and Panagiota D. Boulas, both of Broadview Heights, Ohio.