Ohio § 3728.09 Liability

Ohio Statutes

§ 3728.09 — Liability

Ohio § 3728.09

Title 37Health-Safety-Morals

Ch. 3728Epinephrine Autoinjectors

This text of Ohio § 3728.09 (Liability) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 3728.09 (2026).

Text

(A)The following are not liable in damages in a civil action for injury, death, or loss to person or property that allegedly arises from an act or omission associated with administering epinephrine or acquiring, maintaining, accessing, or using an epinephrine autoinjector under this chapter, unless the act or omission constitutes willful or wanton misconduct:

(1)A qualified entity that maintains a supply of epinephrine autoinjectors as authorized in accordance with section3728.03of the Revised Code, and any employees or agents of the qualified entity;

(2)A trained individual who administers epinephrine or accesses an epinephrine autoinjector as authorized in accordance with section3728.05of the Revised Code;

(3)An individual or organization that conducts anaphylaxis training in

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(A) The following are not liable in damages in a civil action for injury, death, or loss to person or property that allegedly arises from an act or omission associated with administering epinephrine or acquiring, maintaining, accessing, or using an epinephrine autoinjector under this chapter, unless the act or omission constitutes willful or wanton misconduct:

(1) A qualified entity that maintains a supply of epinephrine autoinjectors as authorized in accordance with section3728.03of the Revised Code, and any employees or agents of the qualified entity;

(2) A trained individual who administers epinephrine or accesses an epinephrine autoinjector as authorized in accordance with section3728.05of the Revised Code;

(3) An individual or organization that conducts anaphylaxis training in accordance with section3728.04of the Revised Code.

(B) This section does not eliminate, limit, or reduce any other immunity or defense a person may be entitled to under any other provision of the Revised Code or under the common law of this state.

(C) A person located in this state is not liable for injury, death, or loss to person or property that allegedly arises from an act or omission associated with acquiring, maintaining, accessing, or using an epinephrine autoinjector outside of this state if either of the following is the case:

(1) The person would not have been liable had the act or omission occurred within this state;

(2) The person is not liable under the law of the state in which the act or omission occurred.