How does comparative fault work in Ohio?
1. Negligence Elements. Ohio negligence requires duty, breach, proximate cause, and damages (Mussivand v. David, 45 Ohio St.3d 314). Duty determined by foreseeability of injury.
2. Comparative Fault Regime. Ohio Rev. Code § 2315.33: "The contributory fault of a person does not bar the person... from recovering damages... if the contributory fault of the person is not greater than the combined tortious conduct of all other persons." Greater than 50% bars; otherwise damages are reduced by plaintiff's percentage.
3. Joint and Several Liability. R.C. § 2307.22 — for economic damages, defendants more than 50% at fault are jointly and severally liable; 50% or less are severally liable only. Noneconomic damages are always several only. Intentional torts and certain environmental claims preserve J&S.
4. Last Clear Chance / Sudden Emergency. Subsumed into comparative fault (Wilfong v. Batdorf, 6 Ohio St.3d 100). Sudden emergency remains in OJI CV 401.07.
5. Settling Tortfeasors. R.C. § 2307.28 — settlement reduces claim by greater of consideration paid or settling party's proportionate share. Good-faith settlement bars contribution.
6. Statute of Repose vs SOL. Personal injury SOL is 2 years (R.C. § 2305.10). Med-mal repose is 4 years (§ 2305.113(C)). Product liability repose is 10 years (§ 2305.10(C)). Construction repose is 10 years (§ 2305.131).
7. Caps. R.C. § 2315.18 caps noneconomic damages at the greater of $250,000 or 3× economic, capped at $350,000 per plaintiff / $500,000 per occurrence. Catastrophic-injury exception (permanent disfigurement, loss of bodily function) removes cap. Punitive capped at 2× compensatory (§ 2315.21).
8. Wrongful Death Comparative. R.C. § 2125 wrongful death actions apply § 2315.33 comparative; § 2315.18 caps do not apply to wrongful death noneconomic per § 2315.18(B)(3).
9. Worker Injuries. Workers' Comp (R.C. Ch. 4123) exclusive remedy. Intentional tort exception under § 2745.01 requires deliberate intent. Third-party suits apply § 2315.33.
This is legal information, not legal advice.
- Catastrophic injury where § 2315.18(B)(2) exception is needed to escape noneconomic cap
- Multi-defendant case implicating § 2307.22 several-only allocation
- Workplace intentional-tort claim under § 2745.01
- Ohio Rev. Code § 2315.33
- Ohio Rev. Code § 2307.22
- Ohio Rev. Code § 2315.18
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.