Ohio
Ohio
Statutes of Limitations (OHIO)
Personal Injury - 2 yrs. (from when injury/loss occurs.) [R.C. § 2305.10]
Wrongful Death - 2 yrs. (after death) [R.C. § 2125.02]
Med Mal - 1 yr. from discovery, but no later than 4 yrs. from act/omission [R.C. § 2305.113]
Personal Property Damage - 2 yrs. (from when injury/loss occurs.) [R.C. § 2305.10]
Product Liability Actions (involving Personal Injury or Property Damage) - 2 yrs. [R.C. § 2305.10]
Real Property Damage - 4 yrs. [R.C. § 2305.09]
Written Contracts - 8 yrs. [R.C. § 2305.06] (used to be 15 yrs.)
Oral Contracts - 6 yrs. [R.C. § 2305.07]
Contacts for Sale (goods) and Breach of Warranty - 4 yrs. (from tender of delivery) [R.C. § 1302.98]
Statutes of Repose (OHIO)
Products - 10 yrs. (may sue within 2 yrs. if action accrues during 8th or 9th year) [R.C. § 2305.10]
Construction to Real Property - 10 yrs. (may sue within 2 yrs. if action accrues during 8th or 9th year) [R.C. § 2305.131]
Claims Against Public/Gov. Entities (NOTE: “Sovereign Immunity” Limitations May Apply) (OHIO)
Against All Entities - Suit within 2 yrs. [R.C. §§ 2744.04; 2743.16]
Comparative Negligence (OHIO)
Modified comparative (damages are diminished in proportion to Plaintiff’s fault, but Plaintiff cannot recover if he is 51% at fault) [R.C. § 2315.33]
Made Whole Doctrine (MWD) (OHIO)
Recogznied/applied. County, as subrogee of county employees’ son pursuant to county health benefit plan, was not entitled to repayment of medical expenses because son had not been fully compensated for his injuries. [Huron Cty. Bd. of Commrs. v. Saunders, 775 N.E.2d 892 (Ohio App. 2002)]. Unless the terms of a subrogation agreement clearly and unambiguously provide otherwise, a health insurer’s subrogation interests will not be given priority where doing so will result in less than a full recovery to the insured [N. Buckeye Edn. Council Group Health Benefits Plan v. Lawson, 798 N.E.2d 667 (Ohio App. 2003)]
However, motorists whose claims against alleged tortfeasor motorist were settled and dismissed with prejudice and who signed releases with tortfeasor for less than the policy limits were made whole, and, thus, were not entitled to have their claims take priority over those of automobile insurer under MWD (receipt by motorists of $10,500 in exchange for release from tortfeasor of any and all further liability tended to prove that motorists were fully compensated for their injuries) [Allen v. Binckett, 2009 WL 1744494 (Ohio 2009) - unpublished decision)]
Economic Loss Doctrine (ELD) (Assuming No Injury to Person or Damage to “Other Property”) (OHIO)
Recognized/applied. Until recently, ELD applied only when commercial transactions were involved.
For ordinary consumer not in privity of contract with product manufacturer against whom recovery is sought, action in negligence may be appropriate remedy; but where buyer and seller are in privity of contract and have negotiated that contract from relatively equal bargaining positions, parties are able to allocate risk of all loss between themselves, so any protection against product’s self-inflicted damage in that context is better viewed as arising under contract and not under law of negligence [Chemtrol Adhesives, Inc. v. American Mfrs. Mut. Ins. Co., 537 N.E.2d 624 (Ohio 1989)]
However, it appears that the “consumer” exception is no longer available. ELD was codified in 2005. The statute explicitly abrogates all common law product liability causes of action and states that economic loss is not “harm” [R.C. § 2307.71].
Because of the statute, one court has held that a consumer buyer of a vehicle who alleged only economic loss could not maintain strict liability claim against the manufacturer [Kuns v. Ford Motor Co., 926 F.Supp.2d 976 (N.D. Ohio 2013)]
Certificate/Affidavit Of Merit Requirements (Claims Against Licensed Professionals) (OHIO)
A complaint that contains a Med Mal claim must include affidavits of merit relative to each Defendant named in the complaint for whom expert testimony is necessary to establish liability [Ohio Civ. R. 10(d)(2)]
Landlord/Tenant Subrogation (OHIO)
Subrogation allowed. Court must construe the lease to determine and give effect to parties’ intention [U. S. Fire Ins. Co. v. Phil-Mar Corp., 139 N.E.2d 330 (Ohio 1956)]
Reimbursement of Deductible(s) (OHIO)
Auto - Pro rata (must include in subro demand). Property - No law available.
MedPay and PIP (OHIO)
MedPay and PIP - Subrogation allowed.
Liability of Parents (OHIO)
$15,000 (+ costs, expenses, atty fees) for vandalism, desecration, or ethnic intimidation [R.C. § 2307.70]. Unlimited for assault [R.C. § 3109.10]. $10,000 for willful property damage or theft [R.C. § 3109.09].
Any negligence or willful/wanton misconduct committed by a minor driver is imputed to the person who has signed minor’s application for permit/license [R.C. § 4507.07]
Joint Liability (OHIO)
With respect to economic losses: (1) several liability if Defendant is 50% or less at fault; and (2) joint and several liability if Defendant is more than 50% at fault. Several liability for noneconomic losses. Joint and several liability for intentional torts. [R.C. § 2307.22]
Independent Cause of Action for Evidence Spoliation (OHIO)
Torts for intentional spoliation against a first party and third party have been recognized [Smith v. Howard Johnson Co., Inc., 615 N.E.2d 1037 (Ohio 1993)]
Conflicts of Law (OHIO)
Torts - Interests of states involved within controversy must be thoroughly analyzed, so that query becomes what specific factors the court should consider in making equitable choice-of-law determination [Morgan v. Biro Mfg. Co., 474 N.E.2d 286 (Ohio 1984)]. Contracts - Courts should consider the place of contracting, the place of negotiation, the place of performance, the location of the subject matter, and the domicile, residence, nationality, place of incorporation, and place of business of the parties [Ohayon v. Safeco Ins. Co. of Illinois, 747 N.E.2d 206 (Ohio 2001)]