COLUMBUS, Ohio — Ohio Senate Bill 321, recently introduced by Democratic Senators William DeMora and Kent Smith, proposes new rules for handling food safety lawsuits. The bill would set up a “reasonable expectation” test to help determine when a food supplier or restaurant could be held legally responsible for injuries caused by harmful substances in food.
This law would apply when a person sues after being harmed by eating food they believe should have been safe. For a restaurant or food supplier to be considered responsible, the court would need to decide whether it was reasonable for the person to expect the food to be free from harmful ingredients. If someone could reasonably assume the food was safe, then the business could be held liable if it wasn’t.
The bill aims to give juries a clear standard to follow when deciding if a restaurant or food supplier should pay for damages. Definitions of “food,” “retail food establishment,” and “supplier” in this bill line up with Ohio’s current legal definitions, helping keep things consistent with other state laws.
The new rule would provide a clearer process for both food providers and consumers, balancing safety expectations with business responsibilities. If passed, Ohio would become one of the few states to adopt a law focused on consumer expectations in food safety cases.