When it comes to personal injury law in Ohio, understanding the state’s comparative negligence statute is essential for both plaintiffs and defendants. The concept of comparative negligence can affect the outcome of a claim and the compensation an injured party is entitled to receive.
What Is Comparative Negligence?
Comparative negligence is a legal doctrine used to allocate fault among parties involved in an accident. Under this principle, a plaintiff’s damages can be reduced if they’re found partially at fault for their injuries. Most states in the U.S. follow some form of comparative negligence, but the rules vary.
Ohio follows a modified comparative negligence rule, codified under Ohio Revised Code § 2315.33.
Ohio Revised Code § 2315.33: The Legal Foundation
Text of the Statute
Ohio Revised Code § 2315.33 states:
“The contributory fault of the plaintiff does not bar recovery in an action to recover damages for injury or loss to person or property, if the plaintiff’s contributory fault was not greater than the combined tortious conduct of all other persons from whom the plaintiff seeks recovery. The plaintiff’s recovery shall be diminished proportionately to the percentage of the plaintiff’s contributory fault.”
Ohio negligence laws under this statute outline two critical concepts:
- 51% Bar Rule
- Proportional Reduction in Damages
How the 51% Bar Rule Works
Under the system of modified comparative negligence in Ohio, a plaintiff can recover damages only if their fault doesn’t exceed 50%. If a jury determines the plaintiff was 51% or more at fault, they’re barred from recovering any damages.
Proportional Reduction of Damages
If a plaintiff is found partially at fault but less than 51%, their compensation is reduced in proportion to their share of fault. For example, if total damages are $300,000 and the plaintiff is 30% at fault, they can recover $210,000.
Determining Fault in Ohio Personal Injury Cases
Role of the Jury or Judge
In most personal injury trials, the jury (or judge in a bench trial) determines the percentage of fault attributable to each party. This includes:
- The plaintiff
- The defendant(s)
- Any third parties
Apportionment of Liability
Ohio courts allow fault to be apportioned among all parties involved, even if a party isn’t named as a defendant. This is known as the “empty chair” defense, where a defendant may argue that a non-party shares blame.
Evidence Used to Determine Fault
In Ohio personal injury negligence cases, the following types of evidence are commonly used to apportion fault:
- Police reports
- Witness testimony
- Surveillance or dashcam footage
- Medical records
- Vehicle damage assessments
- Expert accident reconstruction
Practical Implications for Plaintiffs and Defendants in Ohio
For Plaintiffs
Plaintiffs (injured victims) must be prepared to defend their actions during the incident. Insurance companies may attempt to shift blame to reduce the amount they must pay.
Key considerations:
- A partial fault finding reduces compensation.
- A 51% or greater fault finding eliminates the ability to recover damages entirely.
- The defense may attempt to exaggerate the plaintiff’s contribution to the accident.
For Defendants
Comparative negligence can be used as a strategic legal opportunity. By proving the plaintiff’s share of fault is 51% or higher, the defendant can avoid liability altogether.
Common tactics include:
- Alleging distraction, intoxication, or other negligent behaviors by the plaintiff.
- Introducing evidence of the plaintiff’s prior injuries or risk-taking behaviors.
Comparative Negligence in Common Types of Ohio Cases
Motor Vehicle Accidents
In car accidents, comparative fault may arise when both drivers contribute to the crash. For instance, one driver may have run a red light, but the other was speeding or texting. The jury will assign a percentage of fault to each.
Premises Liability
In slip-and-fall cases, property owners often argue that the injured person failed to observe open and obvious dangers. Plaintiffs must counter this by proving that the hazard was hidden, unavoidable, or inadequately marked.
Product Liability
Manufacturers may argue that improper use of a product contributed to the plaintiff’s injuries. If the plaintiff ignored safety instructions or warnings, this may reduce or bar recovery under comparative fault.
Medical Malpractice
Comparative fault is less common in these cases but may arise if a patient failed to follow post-operative instructions or neglected medical advice, contributing to a poor outcome.
How Comparative Negligence Affects Settlements in Ohio Personal Injury Cases
Negotiations with Insurance Companies
Insurance adjusters may use comparative fault arguments to reduce settlement offers. For example, they might assert that the injured party was partially responsible for the crash, even in the absence of compelling evidence. Knowing the comparative negligence rule helps injured parties understand the stakes of early settlement offers.
Calculating Potential Awards
An understanding of how fault percentages reduce damage awards is critical during negotiations. If you estimate a potential jury would assign you 20% fault and total damages are $250,000, the realistic expectation for a settlement would be around $200,000 or less.
Comparative Negligence and Multiple Defendants
Ohio courts permit apportionment of fault among multiple defendants. Each party is held responsible for its assigned share of damages unless joint and several liability applies.
Joint and Several Liability in Ohio
Under Ohio Revised Code § 2307.22, a defendant who is 50% or more at fault may be held jointly and severally liable for all economic damages. This doesn’t apply to non-economic damages, which are always apportioned based on each party’s share of fault.
This means:
- If one defendant is 60% at fault and another is 40%, the 60% defendant may be liable for all the plaintiff’s economic damages (e.g., medical bills, lost wages), even if the other defendant is unable to pay.
- Non-economic damages (e.g., pain and suffering) are divided strictly according to the percentage of fault.
Comparative Negligence in Trials vs. Settlements in Ohio
During Trial
Comparative negligence is a question of fact for the jury. The jury must answer special interrogatories assigning fault percentages to each party and calculating total damages. The court then reduces the plaintiff’s award accordingly.
In Pre-Trial Settlement Talks
Attorneys evaluate potential jury outcomes, including possible fault assignments, to guide negotiation strategy. Parties may dispute not just the value of damages, but also how fault will be distributed.
Burden of Proof in Comparative Negligence Cases
The defendant bears the burden of proving the plaintiff’s comparative negligence. This must be done by a preponderance of the evidence, meaning it’s more likely than not that the plaintiff contributed to their own injury.
Plaintiffs can rebut this by providing contrary evidence or showing their actions didn’t materially contribute to the harm.
Key Ohio Case Law Interpreting Comparative Negligence
Anderson v. Ceccardi (1983)
This Ohio Supreme Court case abolished contributory negligence and adopted comparative negligence, setting the stage for the current legal framework.
Simmers v. Bentley Constr. Co. (1992)
Reaffirmed that even minor negligence on the part of a plaintiff could reduce recovery, but not bar it unless it exceeded 50%.
Deer v. River Valley Health Systems (2001)
Explored comparative fault in medical negligence cases, including how patient non-compliance could impact damages.
Plaintiff Strategies Against the Defendant’s Attempt to Shift Blame
Comparative negligence provides a legal shield for defendants in Ohio personal injury litigation. When pursuing a claim, plaintiffs (injured victims) must be ready to defend against common insurance tactics that attempt to assign blame and reduce compensation. Here are essential strategies to guard against fault shifting:
Collect Strong and Timely Evidence
Evidence is the foundation of any personal injury case. An experienced Ohio personal injury attorney will move fast to collect photos and videos of the accident scene, vehicle or property damage, visible injuries, and any skid marks or road conditions. Witness statements and surveillance footage can be invaluable. Promptly obtaining a police report also helps establish an official record of what occurred.
Demonstrate Reasonable Behavior
Ohio’s comparative negligence system requires plaintiffs to show that they acted reasonably under the circumstances. This means proving that they followed traffic laws, safety guidelines, and general standards of care. Even a slight deviation could be used by the defendants and their insurance companies to assign partial fault, potentially reducing or eliminating a claim.
Retain Expert Witnesses
A skilled and resourceful Ohio personal injury lawyer will hire qualified experts to strengthen your case, if needed. Medical professionals, accident reconstructionists, and safety engineers provide objective, technical insights that validate the plaintiff’s account and challenge the defendant’s version. Expert testimony generally plays a critical role in proving non-liability and reinforcing the plaintiff’s credibility.
Together, these strategies of a top accident attorney can enhance an injured victim’s ability to recover full compensation under Ohio’s comparative fault rules.
Our Ohio Personal Injury Lawyers Will Fight to Maximize Your Compensation
At The Henry Law Firm, every personal injury case is built with trial in mind. While most cases resolve through settlement, the quality of that settlement depends on the merit of your case. That’s why we develop high-quality evidence from day one to prove every legal element before a jury if needed.
Whether you’re facing allegations of comparative fault or seeking to recover compensation in a complex liability case, we’re prepared to pursue the largest possible financial recovery for you. The decision to settle is always yours, but we work to ensure you can make that decision from a position of strength.
To schedule your free consultation, call us at 440-291-0937 or contact us online.
