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

OHIO

Negligence / Personal Injury

years with Discovery Rule.

Wrongful Death

years with Discovery Rule.

Medical Malpractice

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 or Persons with Unsound Mind: 4 years maximum with a maximum of 1 year additional for discovery rule from malpractice.

Caps:
No limits on economic damages. $250,000 limit on non-economic damages or amount equal to three times plaintiff's economic loss, determined by court. Maximum non-economic damages $350,000 per plaintiff or $500,000 per occurence.

Malpractice (Other Professions)

year for legal malpractice with Discovery rule.

Products Liability

years with Discovery Rule. Punitive damages not rewarded in product liability claim unless proof by clear and convincing evidence of flagrant disregard for safety of others.

Intentional Torts

year

Fraud

years except 5 years for identity theft.

Municipal Liability/Sovereign Immunity

Waived with certain exceptions and limited to $250,000. No punitive damages against municipalities. 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.

Discovery Rule

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

Comparative Negligence

Contributory negligence not bar if contributory negligence was not greater than combined negligence of defendant and of all other persons from whom complainant does not seek recovery. Compensatory damages must be reduced by percentage of contributory negligence.

Charitable Immunity

Abolished

Disabilities

For infants (18th birthday), incompetents, and insane persons, statute runs after disability removed. SOL does not run during absence or concealment of defendant. If, when cause of action accrues, person in whose favor it accries is infant, or of unsound mind, statutory period does not commence to run until disability is removed. When interests of two or more parties are joint and inseparable, disability of one inures to benefit of all.

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

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.

Caps:
Two times the amount of compensatory damages. No cap, however, if defendant acted willfully and with knowledge.

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