Ohio law may shield Fire Ball manufacturer in fatal fair accident

The manufacturer of the Fire Ball ride that broke apart at the Ohio State Fair, killing one person and injuring seven others, could be protected from liability by a state law approved more than a decade ago. What was then called “tort-reform” legislation now will “make the fight for justice much more difficult to achieve” for the victims of the ride failure, said Columbus attorney Michael Rourke. He represents Tamika Dunlap, a 36-year-old woman whose legs were shattered when one of the ride’s gondolas broke loose and crashed to the ground on July 26.Lawsuits that are certain to be filed in the case will be affected by legislation that took effect in 2005, Rourke said.That legislation got much of its attention for placing caps on jury awards for businesses and individuals in lawsuits. But the law also set a 10-year limit on a manufacturer’s liability for a product’s defects.The limit, known as a statute of repose, would appear to protect KMG, the Netherlands-based manufacturer of the Fire Ball. The ride that broke apart was built in 1998.Under the law, “No cause of action based on a product-liability claim shall accrue against the manufacturer or supplier of a product later than 10 years from the date that the product is delivered to its first purchaser or lessee.”