When an individual fails to exercise the degree of care expected of someone in that situation, and it results in an injury of some sort, it is called "negligence." The basis for most civil lawsuits, negligence laws are established at the state level. Ohio negligence laws stipulate that damages be reduced in proportion to the claimant's degree of fault, also referred to as contributory negligence.
Other than differences in comparative and contributory negligence, there is not too much variance in how negligence cases are tried from one state to the next. Generally, plaintiffs must always prove the existence of the following five elements in order to find the defendant liable for negligence:
As you can see, negligence cases can get quite complicated. Most personal injury lawyers work on a contingency basis, meaning you don't pay until you win your case. Therefore, it's often in your best interests to hire an attorney when filing a negligence claim. See FindLaw's Using a Personal Injury Lawyer section for some helpful tips.
The basic provisions of Ohio's negligence laws are listed in the following table. See FindLaw's Negligence section to learn more.
|Contributory Negligence-Limit to Plaintiff's Recovery||Contributory negligence not a bar recovery if negligence was not greater than combined negligence of persons claimant seeks recovery and all other persons claimant does not seek recovery. Damages diminished in proportion to claimant's fault.|
|Contribution Among Tortfeasors||Yes; §§2307.31, 33|
|Uniform Act||2307.31, 2307.33|
Note: State laws are constantly changing -- contact an Ohio personal injury attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law
Ohio Negligence Laws: Related Resources
Contact a qualified attorney.