OHIO

Negligence / Personal Injury
2 Years Except as provided in division (C) or (E) of this section, an action based on a product liability claim and an action for bodily injury or injuring personal property shall be brought within two years after the cause of action accrues. Except as provided in divisions (B)(1), (2), (3), (4), and (5) of this section, a cause of action accrues under this division when the injury or loss to person or property occurs.
Ohio Rev. Code Ann. § 2305.10
Toxic Tort
2 Years Except as provided in division (C) or (E) of this section, an action based on a product liability claim and an action for bodily injury or injuring personal property shall be brought within two years after the cause of action accrues. Except as provided in divisions (B)(1), (2), (3), (4), and (5) of this section, a cause of action accrues under this division when the injury or loss to person or property occurs.
Ohio Rev. Code Ann. § 2305.10

When an injury does not manifest itself immediately, the cause of action arises upon the date on which the plaintiff is informed by competent medical authority that he has been injured, or upon the date on which, by the exercise of reasonable diligence, he should have become aware that he had been injured, whichever date occurs first. **asbestos case O'Stricker v. Jim Walker Corp., 447 N.E. 2d 727, 732 (OH 1983).
Wrongful Death
2 Years (D) (1) Except as provided in division (D)(2) of this section, a civil action for wrongful death shall be commenced within two years after the decedent's death. Ohio Rev. Code Ann. § 2125.02
Medical Malpractice
1 Year Except as otherwise provided in this section, an action upon a medical, dental, optometric, or chiropractic claim shall be commenced within one year after the cause of action accrued. Ohio Rev. Code Ann. § 2305.113

The cause of action does not accrue until either (1) the patient discovers or in the exercise of reasonable care and diligence should have discovered the resulting injury or (2) the physician-patient relationship for the condition terminates, whichever occurs later. Burden v. Lucchese, 877 N.E. 2d 1026, 1031 (Ct. App. Ohio 2007).
Malpractice (Other Professions)
1 Year for legal malpractice with Discovery rule.
Products Liability
2 Years

Except as provided in division (C) or (E) of this section, an action based on a product liability claim and an action for bodily injury or injuring personal property shall be brought within two years after the cause of action accrues. Except as provided in divisions (B)(1), (2), (3), (4), and (5) of this section, a cause of action accrues under this division when the injury or loss to person or property occurs.
Ohio Rev. Code Ann. § 2305.10

Discovery:

A cause of action does not arise until the plaintiff discovers, or should have discovered that he or she was injured by the wrongful conduct of the defendant. **Discovery rule generally applies to latent injuries.** Norris v. Yamaha Motor Corp. U.S.A., 2009-Ohio-4158 (slip opinion), paragraph 40 citing Norgard v. Brush Wellman, Inc., 766 N.E. 2d 977, 2002-Ohio-2007.

Statute of Repose - (C)(1) Except as otherwise provided in divisions (C)(2), (3), (4), (5), (6), and (7) of this section or in section 2305.19 of the Revised Code, no cause of action based on a product liability claim shall accrue against the manufacturer or supplier of a product later than ten years from the date that the product was delivered to its first purchaser or first lessee who was not engaged in a business in which the product was used as a component in the production, construction, creation, assembly, or rebuilding of another product. Ohio Rev. Code Ann. § 2305.10

Fraud
4 Years For relief on the ground of fraud, except when the cause of action is a violation of section 2913.49 of the Revised Code, in which case the action shall be brought within five years after the cause thereof accrued; Ohio Rev. Code Ann. § 2305.09

“The discovery rule set forth in R.C. 2305.09(D) is applicable to claims sounding in fraud. Investors REIT One v. Jacobs (1989), 46 Ohio St.3d 176, 182, 546 N.E.2d 206. ‘The discovery rule operates to extend the time in which a party may file a complaint. Generally, the discovery rule states that the statute of limitations does not begin to run until the plaintiff discovered, or through the exercise of reasonable diligence, should have discovered, the complained of injury.’ Smith v. Rudler, 1993 Ohio App. LEXIS 3967, *3–4, 1993 WL 318797 (Aug. 13, 1993), Ashtabula App. No. 92–A–1753, unreported, citing Investors REIT One, supra, at 179, 546 N.E.2d 206. Thus, ‘[a] cause of action for fraud or conversion accrues either when the fraud is discovered, or in the exercise of reasonable diligence, the fraud should have been discovered.’ Stokes v. Berick, 1999 Ohio App. LEXIS 6264, *14, 1999 WL 1313668 (Dec. 23, 1999), Lake App. No. 98–L–094, unreported, citing Investors REIT One, supra, paragraph 2b of the syllabus.” Thut v. Thut, 11 th Dist. No.2000–G–2281, 2001 Ohio App. LEXIS 1748, *8–9, 2001 WL 369674 (April 13, 2001). See also Ciganek v. Kaley, 11th Dist. No.2004–P–0001, 2004–Ohio–6029, ¶ 23. The applicable statute of limitations is triggered by the “constructive knowledge of facts, rather than actual knowledge of their legal significance * * *.” (Emphasis sic.) Flowers v. Walker, 63 Ohio St.3d 546, 549, 589 N.E.2d 1284 (1927). Sullivan v. Westfield Ins. Co., 2013-Ohio-146 (Ohio Ct. App. Jan. 22, 2013)
Municipal Liability/Sovereign Immunity
Actions: 180 days from denial of claim. Claim must be presented within 1 year of occurrence.
Discovery Rule
Standard rule in Ohio but see specific rule for medical malpractice claims.
Comparative Negligence
Applies
Charitable Immunity
Waived.
Disabilities
For malpractice, if incompetent or infant under 12, action must be brought within 7 years of occurrence. Otherwise, for infant, within 1 year after majority (18th birthday) but never less than 2 years after injury.
Damages
There is no limit on amount of compensatory damages for economic loss. Generally, compensatory damages for noneconomic loss may not exceed $250,000 or amount equal to three times economic loss, as determined by tier of fact, to maximum of $350,000 for each plaintiff or $500,000 for each occurrence.
Punitive Damages
Clear and convincing evidence that conduct of defendant was malicious and intentional. Amounts vary depending upon conduct of defendant. Caps: Depends on outcome of claim.
No-Fault Insurance
None
Consumer Fraud Complaint
Ohio Office of the Attorney General, Consumer Protection
http://agcares.ag.state.oh.us/public/landing.aspx
(800)282-0515
 

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