Ohio Statutes of Limitations

NOTE: All statutes of limitations set to expire between March 9 and July 30, 2020, were extended until July 30 or the expiration of Executive Order 2020-01D, whichever is sooner. In addition, state law protects health-care providers from liability during a state of emergency.

What Is the Statute of Limitations in Ohio?

The statute of limitations in Ohio varies depending on the type of civil or criminal case:

• Civil Suits: Typically between one and four years
• Misdemeanors: Two years or six months, depending on the severity of the offense
• Felonies: Most commonly six years

Where Can Ohio Statutes Be Found?

Ohio statutes are listed in the Ohio Revised Code (ORC or RC), which is divided into sections containing the text of each individual statute.

Does the Statute of Limitations Include the Last Day?

Yes, the statute of limitations includes the last day. If the last day falls on a weekend or a legal holiday, then it continues until the end of the next business day.

What Is the Ohio Statute of Limitations for Personal Injury and Negligence Cases?

The Ohio statute of limitations for negligence and personal injury claims is two years. However, the discovery rule can delay the start of the Ohio statute of limitations for personal injury cases if the injury in question is not immediately apparent.

“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

Toxic tort claims fall under the same statute as personal injury and negligence cases.

“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.” (O’Stricker v. Jim Walter Corp., 447 N.E. 2d 727, 732 (OH 1983))

Ohio Statute of Limitations for Wrongful Death: How Long Do You Have to File a Lawsuit?

Ohio has a two-year statute of limitations on wrongful death claims.

“(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)

Can a Family Sue for Wrongful Death?

Wrongful death claims must be filed by the personal representative of the decedent’s estate. The lawsuit may seek damages on behalf of the family as well as the estate.

Statute of Limitations in Ohio for Medical Malpractice

The Ohio medical malpractice statute of limitations states that you have one year to file a lawsuit from the date that the actionable offense occurred or from the date the injury or fraud was discovered.

“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))

What Is the Ohio Malpractice Statute of Limitations for Non-Medical Cases?

If you plan to file a legal malpractice case, you have one year either from the date the fraud occurred or the date the fraud was discovered to sue in the state of Ohio.

Product 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 Rule

A cause of action does not arise until the plaintiff discovers or should have discovered that they were injured by the wrongful conduct of the defendant.

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)

Ohio Statute of Repose for Construction Defects

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Cases based on construction defects must be filed within ten years of the substantial completion of the improvement to real property under Ohio Rev. Code § 2305.131.

Statute of Limitations for Fraud in Ohio

There are two different statutes of limitations for fraud in Ohio:

Fraud (Except Identity Fraud)	4 years	Ohio Rev. Code § 2305.09(C)
Identity Fraud	5 years	Ohio Rev. Code § 2305.112

“The discovery rule set forth in R.C. 2305.09(D) is applicable to claims founded in fraud.” (Investors REIT One v. Jacobs (1989), 46 Ohio St.3d 176, 182, 546 N.E.2d 206)

The applicable statute of limitations is triggered by the “constructive knowledge of facts, rather than actual knowledge of their legal significance.” (Flowers v. Walker, 63 Ohio St.3d 546, 549, 589 N.E.2d 1284 (1927))

Can You Sue the State of Ohio?

You can sue the Ohio state government, but you must do so by filing a claim with the state Court of Claims. Plaintiffs generally have two years from the date of injury to take legal action.

Comparative Negligence

Ohio follows the doctrine of comparative negligence. If a plaintiff is more than 50% to blame for their own injuries, no recovery is permitted; otherwise, their award is reduced by their percentage of fault.

Charitable Immunity

Ohio does not offer immunity to charitable organizations.

Legal Disabilities

For malpractice cases, incompetent plaintiffs and those younger than 12 years old must bring claims within seven years of their injury. In other types of cases, minors may bring claims within one year of their 18th birthday but never less than two years after the injury.

Damages

There is no limit on the amount of compensatory damages for economic losses. Generally, compensatory damages for non-economic losses may not exceed $250,000 or amount equal to three times the economic losses, up to a maximum of $350,000 for each plaintiff or $500,000 for each occurrence.

Punitive Damages

Clear and convincing evidence that the conduct of the defendant was malicious and intentional is required for an award of punitive damages.

No-Fault Insurance

Ohio is not a no-fault state.

Consumer Fraud Complaints

The Ohio Office of the Attorney General handles consumer fraud complaints. You can file a complaint online or call 1-800-282-0515 for assistance.

Frequently Asked Questions