Ohio Personal Injury — Substantive Framework

Ohio Personal Injury — Substantive Framework

NOT LEGAL ADVICE. Verify every cite against current R.C. text and current case law before filing. Personal- injury outcomes can be significant and the deadlines are short and unforgiving — strongly recommend consulting a licensed Ohio attorney for any serious-injury, death, medical-malpractice, or government-defendant matter.

Ohio tort law was reshaped by the 2005 S.B. 80 tort-reform package (damages caps, several liability, the OPLA codification). The framework below describes the structure; point at the references corpus for current text, dollar thresholds, and subsection detail rather than relying on the numbers memorized here.

Modified comparative negligence — the 51% bar

Ohio is a modified comparative-negligence state.

• R.C. 2315.33 — the plaintiff's contributory fault does not bar recovery so long as it was not greater than the combined tortious conduct of all other persons (those the plaintiff sues AND those it does not). In practice this is a 51% bar: a plaintiff who is 50% at fault still recovers; a plaintiff 51% or more at fault recovers nothing.
• R.C. 2315.34 / R.C. 2315.35 — recoverable damages are diminished in proportion to the plaintiff's percentage of fault. The trier of fact makes the percentage findings (economic vs. noneconomic split + each party's share).
• R.C. 2315.32 — contributory fault is pleaded as an affirmative defense, but it is not available against an intentional-tort claim.
• R.C. 2315.36 — apportionment of liability among the parties once contributory fault is established, tying back into the R.C. 2307.22 joint/several framework.

See oh-law-references/references/oh-statutes-debt/RC-Chapter-2315.md.

Several vs. joint liability — R.C. 2307.22 / 2307.23

Ohio's 2005 reform split economic and noneconomic damages:

• Noneconomic damages are SEVERAL only (R.C. 2307.22(C)): each defendant pays only its own proportionate share of noneconomic loss, calculated from its percentage of tortious conduct.
• Economic damages are joint-and-several only against a defendant found MORE THAN 50% at fault (R.C. 2307.22(A)(1)). A defendant 50% or less at fault pays only its proportionate share of economic loss (R.C. 2307.22(A)(2) / (B)). Intentional-tort defendants are an exception — joint-and-several for economic loss regardless of percentage (R.C. 2307.22(A)(3)).
• R.C. 2307.23 — the percentage-of-tortious-conduct findings (including the empty-chair / nonparty-fault affirmative defense; percentages must sum to 100%).

Contribution among joint tortfeasors

• R.C. 2307.25 — the right of contribution.
• R.C. 2307.26 / 2307.27 — enforcing contribution and apportioning the judgment.
• R.C. 2307.28 — effect of a release or covenant not to sue on contribution rights.

See oh-law-references/references/oh-statutes-debt/RC-Chapter-2307.md.

Damages caps — the 2005 S.B. 80 tort reform

Noneconomic cap — R.C. 2315.18

• No cap on economic loss (R.C. 2315.18(B)(1)) — lost wages, medical bills, and other pecuniary loss are uncapped.
• Noneconomic loss cap (R.C. 2315.18(B)(2)): the greater of $250,000 or 3× economic loss, to a maximum of $350,000 per plaintiff or $500,000 per occurrence.
• Catastrophic-injury exception (R.C. 2315.18(B)(3)) — no cap where the noneconomic loss is for (a) permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system, or (b) permanent physical functional injury that permanently prevents independent self-care and life-sustaining activities.
• The cap does not apply to wrongful-death actions (R.C. 2315.18(H)(3)) or to political-subdivision actions, which use the R.C. 2744.05 limits (R.C. 2315.18(H)(2)). The jury is not told the cap; the court applies it post-verdict.

Punitive / exemplary cap — R.C. 2315.21

• Punitive damages require malice or aggravated/egregious fraud, proven by clear and convincing evidence (R.C. 2315.21(C)/(D)(4)), and a bifurcated trial on motion (R.C. 2315.21(B)).
• General cap: punitive damages may not exceed 2× the compensatory damages awarded against that defendant (R.C. 2315.21(D)(2)(a)).
• Small-employer / individual sub-cap (R.C. 2315.21(D)(2)(b)): the lesser of 2× compensatory or 10% of net worth up to $350,000 ("small employer" defined at R.C. 2315.21(A)(5) — generally ≤100 employees, ≤500 in manufacturing).

See oh-law-references/references/oh-statutes-debt/RC-Chapter-2315.md.

Medical malpractice

Med-mal ("medical claim") is statutorily distinct from ordinary negligence — different SOL, different cap section, and a court-rule pleading requirement.

SOL + repose — R.C. 2305.113

• R.C. 2305.113(A) — 1-year SOL on a medical, dental, optometric, or chiropractic claim, running from accrual.
• R.C. 2305.113(B) — the 180-day letter: a written pre-suit notice (certified mail, return receipt) given before the 1-year period expires extends the deadline by 180 days.
• R.C. 2305.113(C) — the 4-year statute of repose: no med-mal action may be commenced more than 4 years after the act or omission, regardless of discovery (subject to the narrow minor / foreign-object / unsound-mind exceptions in (C)/(D)).

Med-mal noneconomic cap — R.C. 2323.43

A parallel noneconomic cap applies specifically to medical claims: the greater of $250,000 or 3× economic loss, to $350,000/plaintiff or $500,000/occurrence (R.C. 2323.43(A)(2)), with a catastrophic-injury exception that — unlike R.C. 2315.18 — does not fully remove the cap but raises it to $500,000/plaintiff and $1,000,000/occurrence (R.C. 2323.43(A)(3)). Economic loss is uncapped (R.C. 2323.43(A)(1)).

Affidavit of merit — Civ. R. 10(D)(2) (a court RULE)

The affidavit of merit is not a statute — it is a Civil Rule requirement. A complaint stating a medical claim must be accompanied by an affidavit of merit from an expert who has reviewed the records and opines that the standard of care was breached. Failure to attach one (or to secure an extension) is grounds for dismissal. See the rule text at oh-law-references/references/court-rules/CivilProcedure.md (Civ. R. 10(D)(2)).

See oh-law-references/references/oh-statutes-debt/RC-Chapter-2305.md and oh-law-references/references/oh-statutes-debt/RC-Chapter-2323.md.

Product liability — the OPLA

The Ohio Products Liability Act (R.C. 2307.71 to 2307.80) is the exclusive framework for product claims.

• Abrogation — R.C. 2307.71(B) declares the sections are "intended to abrogate all common law product liability claims," and R.C. 2307.72 confirms recovery of compensatory damages on a product-liability claim is governed by the Act. Plead under the OPLA, not common-law strict liability.
• Theories of defect — manufacturing defect (R.C. 2307.74), design/formulation defect (R.C. 2307.75), inadequate warning (R.C. 2307.76), and nonconformance with representation (R.C. 2307.77); supplier liability at R.C. 2307.78. Enterprise / market-share liability is rejected (R.C. 2307.73(C)).
• 10-year statute of repose — R.C. 2305.10(C): no product-liability claim accrues against a manufacturer or supplier later than 10 years from delivery to the first purchaser/lessee, subject to the fraud, express- long-warranty, and exposure exceptions in (C)(2)-(7). The ordinary 2-year injury SOL (R.C. 2305.10(A)) still applies within the repose window.

See oh-law-references/references/oh-statutes-debt/RC-Chapter-2307.md and oh-law-references/references/oh-statutes-debt/RC-Chapter-2305.md.

Wrongful death — R.C. Chapter 2125

• Who sues — the action is brought in the name of the personal representative of the decedent (R.C. 2125.02(A)) for the exclusive benefit of the surviving spouse, children, parents, and other next of kin, who are rebuttably presumed to have suffered damages.
• Damages — R.C. 2125.02(D): loss of support, loss of services, loss of society/consortium, loss of prospective inheritance, and mental anguish; plus reasonable funeral and burial expenses.
• SOL — 2 years from the date of death (R.C. 2125.02(F)(1)), with a 10-year product-liability repose overlay for death-by-product claims (R.C. 2125.02(F)(2)).
• No cap — the R.C. 2315.18 noneconomic cap does not apply to wrongful-death actions.
• Distribution through the probate court (R.C. 2125.03).

See oh-law-references/references/oh-statutes-debt/RC-Chapter-2125.md.

Suing a government

Ohio splits sovereign immunity by defendant type.

Political subdivisions — R.C. Chapter 2744 (three tiers)

When the defendant is a city, county, township, school district, or other political subdivision, run the three-tier analysis:

1. General immunity — R.C. 2744.02(A): a political subdivision is not liable for injury caused by an act or omission in connection with a governmental or proprietary function.
2. Enumerated exceptions — R.C. 2744.02(B): immunity is stripped only in the listed categories — negligent operation of a motor vehicle (B)(1), negligent performance of proprietary functions (B)(2), negligent failure to keep public roads in repair (B)(3), physical defects on the grounds of buildings used for a governmental function (B)(4), and where another R.C. section expressly imposes liability (B)(5).
3. Defenses / restored immunity — R.C. 2744.03: even if an exception applies, the subdivision (or employee) may reassert immunity (e.g., discretionary policy-making under (A)(3)/(A)(5); the employee is generally immune absent malice, bad faith, or wanton/reckless conduct under (A)(6)).

Damages limits — R.C. 2744.05: no punitive damages against a political subdivision (R.C. 2744.05(A)); collateral benefits are deducted (R.C. 2744.05(B)); and noneconomic ("non-actual-loss") damages are capped at $250,000 per person (R.C. 2744.05(C)), with actual/economic loss uncapped. The SOL is 2 years (R.C. 2744.04(A)), and the complaint must not specify a dollar amount in the demand (R.C. 2744.04(B)).

See oh-law-references/references/oh-statutes-debt/RC-Chapter-2744.md.

The State itself — Court of Claims (R.C. Chapter 2743)

Suits against the State of Ohio (state agencies, state universities) do not go to Common Pleas — they go to the Ohio Court of Claims under R.C. Chapter 2743 (the State's limited waiver of sovereign immunity, with its own filing rules, no jury, and a determination on personal immunity of state employees). R.C. Chapter 2743 was not pulled into the statutes corpus; see the rule/jurisdiction summary at oh-law-references/references/court-rules/CourtOfClaims.md.

Dog-bite — R.C. 955.28(B)

Ohio gives an injured person two parallel theories:

• Statutory strict liability — R.C. 955.28(B): the owner, keeper, or harborer is liable in damages for any injury, death, or loss caused by the dog, with no scienter requirement (no need to prove the dog's prior viciousness). The statute carves out injuries to trespassers, those committing a non-minor-misdemeanor criminal offense, and those teasing/tormenting/abusing the dog.
• Common-law action — the traditional scienter-based ("one free bite") cause of action survives alongside the statute and can reach punitive damages where the statutory claim cannot.

See oh-law-references/references/oh-statutes-debt/RC-Chapter-955.md.

SOL quick table

Always confirm accrual + tolling (minority/unsound-mind under R.C. 2305.16; the discovery rule where it applies) before relying on a bare year count.

Frivolous-conduct sanctions — a two-way risk

Tort litigation carries sanction exposure on both sides:

• R.C. 2323.51 — frivolous conduct in a civil action (conduct that merely harasses, is not warranted under existing law, or asserts factual contentions with no evidentiary support) can be sanctioned with attorney's fees and costs against the offending party or counsel.
• Civ. R. 11 — the signature/certification rule, a parallel sanction route. See oh-law-references/references/court-rules/CivilProcedure.md.

Screen the complaint (and any answer/defense) against both before filing.

See oh-law-references/references/oh-statutes-debt/RC-Chapter-2323.md.

Composition with other oh- skills

• oh-statewide-format — Ohio Civ. R. 10 caption + filing format (PI cases use the CV Common Pleas case-number prefix)
• oh-first-30-days — answer / Civ. R. 12(B)(6) triage / affirmative defenses (contributory fault, immunity, SOL)
• oh-discovery — discovery mechanics (Civ. R. 33 40- interrogatory cap; expert disclosure)
• oh-hearings — motion practice + oral argument
• oh-deadlines — Civ. R. 6 computation; the short tort / med-mal / wrongful-death / R.C. 2744.04 clocks
• oh-post-judgment — Civ. R. 60(B) / judgment enforcement
• oh-pro-se — pro-se drafting framework
• oh-fact-check — Ohio public-domain citation format + cite verification
• Flagship venue skills — oh-cuya (Cuyahoga / Cleveland), oh-frank (Franklin / Columbus), oh-hamil (Hamilton / Cincinnati), oh-summit, oh-montgomery, oh-lucas, oh-stark, oh-butler — and the oh-county-courts roll-up for the other 80 counties