Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

OHIO

Negligence / Personal Injury

2 years with Discovery Rule.

Products Liability

2 Years 2 years with Discovery Rule.

Wrongful Death

2 Years 2 years with Discovery Rule.

Medical Malpractice

1 Year 1 year with Discovery Rule but, if prior to expiration of 1 year claimant gives written notice to defendant, action can be commenced within 180 days after notice. In foreign object cases SOL is 1 year from discovery with a 4 year SOR maximum. Minors: 4 years from malpractice.

Legal Malpractice

1 Year 1 Year with Discovery rule.

Intentional Torts

1 Year 1 year

Discovery Rule

Standard rule in Ohio but see specific rule for medical malpractice claims.

Disabilities

For infants (18th birthday), incompetents, and insane persons, statute runs after disability removed.

Comparative Negligence

Applies, unless plaintiff more than 50% responsible.

Charitable Immunity

Abolished.

Sovereign Immunity

Waived with certain exceptions and limited to $250,000. SOL is 2 years in a civil action against the state or its political subdivisions must be brought within two years from the time the cause of action arose or within any shorter period of time applicable in similar suits between private parties.  Thus a malpractice claim is one year and a personal injury claim not involving a minor is two years. No punitive damages allowed.

Punitive Damages

Plaintiff’s injury must have been caused by particularly gross, egregious, or malicious conduct.  Not awarded in product liability claim unless proof by clear and convincing evidence of flagrant disregard for safety of others.
Cap: Two times the amount of compensatory damages. No cap, however, if defendant acted willfully and with knowledge.

Consumer Fraud Complaint

Ohio Office of the Attorney General, Consumer Protection
(614)466-4986
(800)282-0515