Ohio Personal Injury Laws

When an injury could not reasonably have been discovered at the time it occurred, the statute begins running from the date the injury was or should have been discovered.

If a person is a minor or of unsound mind when the cause of action accrues, they may bring the action within the applicable period after the disability is removed.

Wrongful death actions must be filed within 2 years of the date of death.

Claims against the state are filed in the Court of Claims. Political subdivisions (counties, cities, townships) have general immunity under Chapter 2744 with specific exceptions such as negligent motor vehicle operation by employees.

Non-economic damages are capped at the greater of $250,000 or 3 times the plaintiff's economic loss, up to $350,000 per plaintiff or $500,000 per occurrence. No cap applies for permanent and substantial physical deformity, loss of a limb or organ, or permanent injury preventing independent self-care.

Punitive damages are capped at 2 times compensatory damages. For small employers (100 or fewer employees) or individuals, the cap is the lesser of 2 times compensatory damages or 10% of net worth, up to $350,000.

Filing fees for civil complaints in Ohio Common Pleas courts vary by county, typically ranging from $200 to $350 plus per-defendant service fees.

Cases are generally filed in the county where the defendant resides or where the cause of action arose. Ohio courts may exercise personal jurisdiction over persons who transact business, commit tortious acts, or cause injury in Ohio.

A defendant found more than 50% at fault is jointly and severally liable for all economic damages. Defendants at 50% or less are only severally liable for their proportional share. Non-economic damages are always apportioned proportionally. Intentional tort defendants remain jointly and severally liable regardless of percentage.

A wrongful death action is brought by the personal representative of the deceased on behalf of the surviving spouse, children, parents, and other next of kin.

Ohio's dram shop law is restrictive. A liquor permit holder is liable only if the injury occurred on the permit holder's premises or controlled parking lot and was proximately caused by the permit holder's or employee's negligence.

The owner, keeper, or harborer of a dog is strictly liable for any injury, death, or loss caused by the dog. Exceptions: the victim was committing a criminal offense or teasing, tormenting, or abusing the dog.