Ohio Tort Laws

In recent years, the Ohio legal system has seen various lawsuits arising from similar incidents, as well as cases with multiple plaintiffs. As an example, the Buckeye State was chosen as the lead plaintiff in a case against Facebook over federal securities law violations that affected the state’s public employee retirement system.

In another instance in mid-2023, various pharmaceutical makers and distributors were ordered to pay a $679.6 million settlement from opioid addiction lawsuits. The payout would trickle into Ohio’s local governments — including its townships, villages, and counties — to directly compensate those who had been affected. The case’s result also led to the defendants improving their opioid-related reporting and oversight, as well as mitigating the sale of opioid drugs.

In late 2023, Ohioans also attained victory when the government and DuPont reached a $110 million settlement over a chemical contamination legal battle spanning several decades. The settlement would be used to address the damage to the environment and public health brought about by the toxic chemicals.

Tort laws essentially cover these lawsuits. Tort, an action that harms others, is sometimes confused with personal injury. However, tort has a broader scope and covers all kinds of harm, while Ohio personal injury laws focus only on physical harm.

Awareness of tort laws is important for both victims and the general populace. As such, this article aims to educate the public on the basics of tort laws in Ohio and present other relevant information that tort victims can use.

Basic Tort Categories in Ohio

Negligent Torts

A person or entity in Ohio whose failure to exercise their duty of care results in another person’s harm is considered to be negligent.

As an example, a shop owner is deemed negligent if a customer slips and falls on their premises due to exposed wires on the floor. Another example involves a driver beating the red light, which then leads to a car accident.

To have a viable claim against the negligent party, a victim must be able to prove the following elements:

• The negligent party owed the victim duty of care.

• There was a breach of this duty of care.

• The breach led to the victim’s injury.

• The injured victim suffered losses from the breach.

Intentional Torts

Intentional torts are, as the name implies, harmful actions done deliberately. They are different from negligent torts due to the element of intent.

To win an intentional tort in Ohio, one must prove that the defendant was deliberate in their actions. Let’s take the previous example of the driver beating the red light; the victim must prove that the defendant crashed into them willfully to establish that the tort committed was intentional.

Some other kinds of wrongful actions that fall under intentional torts include:

• Battery: This involves offensive physical contact with another person. Examples of this range from hitting a person in the face to performing surgery without a patient’s consent.

• Assault: This constitutes threatening someone with damaging physical contact, such as pointing a gun at someone or miming the act of hitting someone.

• Defamation: Making false statements that are harmful to a person is considered defamation. It is called slander if made verbally and libel if written.

• Conversion: Such tort happens when one person deprives rightful owners of their property. For example, a car renter who returns the vehicle late and in a worsened state can be liable for conversion.

• Infliction of emotional distress: Someone intent on causing mental harm to another commits this type of tort. This action must also be beyond what is tolerable in a civil society.

Strict Liability Torts

The doctrine of strict liability states that one can be held strictly liable for their actions, whether they intentionally or negligently caused another party’s injury or not.

To have a successful claim under this doctrine, a victim must be able to present that strict liability laws apply to their case and that they suffered harm from the defendant’s actions. They do not have to prove negligence or intent.

Some instances where strict liability laws apply include:

• Product-related incidents: Manufactured products, such as consumer goods, that cause harm to their users fall under the strict liability doctrine. Manufacturers, sellers, and distributors of these products can be held liable for design defects, breach of warranty, and failure to warn. Here are some situations involving product liability:

  • Malfunctioning brakes in vehicles that lead to fatal accidents.

  • Household chemicals with no warning signs.

  • Medications that cause unexpected side effects.

• Animal bites: Keepers of animals, including pets, can be held liable for a victim’s injuries. These animals include tigers and other exotic pets, as well as dangerous dog breeds such as pit bulls and wolf hybrids.

• Abnormally hazardous activities: These are activities that still entail certain risks even when participants act sensibly. Examples include those dealing with nuclear and extremely hazardous chemicals.

Other Tort Categories in Ohio

• Economic torts: Ohio tort laws protect businesses from other businesses’ harmful practices. A claimant can seek protection from economic torts, which cause them to suffer monetary losses. Some examples are:

  • Trade libel.

  • Business contract interference.

  • Copyright violation.

• Nuisances: People who interfere with another person’s enjoyment or use of a property are considered to commit nuisances. There are two types of this tort: 

  • A private nuisance involves interfering with a person. For example, a resident whose tree falls on their neighbor’s driveway commits a private nuisance.

  • A public nuisance happens when a person interferes with the general public, such as a factory discharging foul-smelling smoke that spreads throughout the city.

Tort vs. Crime in Ohio

A tort is an interference with an individual's rights, while a crime is a wrongdoing against society as a whole. The following table summarizes their differences:

However, tort and criminal laws sometimes intersect. Some torts are considered crimes, and there are cases where a crime victim can pursue compensation for their injuries through civil courts under tort laws.

For example, passing bad checks is considered fraud under the Ohio Revised Code. It is a felony if it involves amounts of $1,000 or more (to one person or vendor) or $1,500 (to multiple people or vendors). The person issuing the bad check will be arrested once the defrauded victim makes a report to law enforcement. The victim can also sue them in civil court to recover the money they lost.

Mass Torts in Ohio

A mass tort involves numerous claimants against a common defendant. Mass tort cases can stem from the following:

• Environmental contamination or toxic chemicals: When companies do not follow safety protocols and cause serious harm to the environment, the people affected can file a lawsuit. This happened to around 3,550 residents from mid-Ohio Valley who sued DuPont for contaminating the groundwater, which led to the residents’ health problems such as cancer. 

• Catastrophic accidents: Injured individuals and families of deceased victims can pursue mass tort cases against people, government agencies, or corporations responsible for the harm resulting from catastrophic accidents. One example involves the derailment of the Norfolk Southern freight train in East Palestine, Ohio.

• Defective products: Victims harmed by the use of consumer products or medical devices can sue the manufacturers, sellers, and distributors of these products. The litigation of cases involving Bard hernia mesh products in the Southern District Court of Ohio is an example. 

• Dangerous drugs: People who suffer some debilitating side effects after taking a medication can hold pharmaceutical companies liable for the harm caused. Companies that purposefully withhold information from patients, the government, and doctors may be to blame for the injuries. Some medications that have gone through mass tort lawsuits are Risperdal, Abilify, Xarelto, Prilosec, and Imodium.

If you or a family member are in a similar or comparable situation, it is in your best interest to consult a litigation attorney. A lawyer can assess your case, see if you have a valid claim, and check if you can be part of an active mass tort lawsuit.

Injured people coming together to file similar mass tort cases can garner more strength going against large corporations and multinational companies. They can also share legal counsel to save time and money on various costs, such as lawyer’s fees and court procedure expenses.

<h3>Mass Torts vs. Class Actions

Legally speaking, a mass tort is the collection of many people making a similar claim, while class action is a type of mass tort litigation. Although both involve multiple plaintiffs filing a lawsuit against a common person or entity, mass torts and class actions are different in how each case moves forward.

For starters, a class action lawsuit involves class certification, which entails passing certain qualifications, such as participant numbers and commonality requirements. Mass torts generally do not involve this procedure, making it easier for plaintiffs to move forward with their case.

This further means that in a mass tort, each plaintiff has to file their own lawsuit, while in a class action, only one plaintiff will submit a lawsuit on behalf of the whole group. This also has implications for how plaintiffs will obtain compensation. In a class action, the award will be divided among the members. On the other hand, because there are separate lawsuits in a mass tort, each plaintiff will have to win their case individually to obtain an award.

The Mass Tort Process

After an injured victim hires legal counsel, the team will begin investigating their case. The investigation involves gathering medical documents, finding other people with similar injuries, and consulting expert witnesses, such as doctors.

The next step is filing a lawsuit with the respective local court. When there are many similar claims, the cases may be transferred under the supervision of one judge. This process is called multidistrict litigation, which is governed by the rules of a judicial panel. An MDL may be initiated by the jurisdictional court or through a motion filed by a plaintiff’s lawyers.

The approval of an MDL leads to pretrial proceedings. During this process, attorneys from both sides of the lawsuit will interview witnesses and gather and exchange evidence. The court may also appoint steering committees from both parties to supervise the process.

Afterward, bellwether trials will be carried out. These trials entail selecting a handful of cases from the same pool of lawsuits. They will undergo litigation and be used by both parties to predict how a judge or jury will rule on the rest of the claims. Their outcomes can also be utilized to determine a realistic estimate of potential payouts.

Finally, the case will enter into either negotiations or the trial of other cases, depending on the results of the bellwether trials. At this point, the defendant’s side may offer a better settlement or go ahead with the trial to avoid paying compensation.

Whichever side wins, it is important to note that the losing party can always file an appeal. What this means for plaintiffs is that winning the trial does not always result in receiving compensation. Hence, knowing how to hire an experienced and competent mass tort lawyer is vital to a successful outcome.

Ohio Tort Liability Insurance Requirements

Liability insurance for torts is not typically required in Ohio, except for the mandatory accident insurance for car drivers and workers’ compensation insurance for employers.

However, businesses are in a much better position if they carry various types of liability insurance, such as:

• General liability insurance: Businesses will get coverage for common risks such as customer property damage, advertising harm, and customer injury. One example where this applies is in a slip-and-fall accident leading to a customer getting injured on store premises.

• Product liability insurance: This provides businesses coverage if a customer files a lawsuit after being hurt using their product. Retailers, manufacturers, and wholesale businesses would benefit from such insurance. The coverage can protect them from lawsuits involving design or manufacturing defects, failure to warn, and strict liability. 

• Product recall insurance: This insurance covers costly recall-related expenses, such as product replacement, additional business operation costs, and reputation management. It can be added to a general liability insurance policy as an endorsement.

The Statute of Limitations for Tort Cases in Ohio

The time limit for a tort victim to file a lawsuit is called the statute of limitations. There are different statutes of limitations and exceptions, depending on the type of tort. These generally include:

Additional Considerations

Note that the statute of limitations will be paused if the defendant flees the state or is in prison. 

Another important thing to consider is that there are additional deadlines for product liability claims. If a victim’s injuries fall under breach of warranty, the applicable deadline is four years.

If a personal injury victim does not discover their injury right away, the two-year statute of limitations does not start until a medical provider informs them that a substance or product caused them harm. This applies to various cases, such as:

• Having contact with chromium.

• Taking dangerous medications.

• Being exposed to hazardous chemicals, such as Agent Orange or other herbicides.

Additionally, the absolute deadline for product liability claims is 10 years, with several exceptions. For instance, there are longer deadlines for cases involving asbestos-related injuries.

How Much Can Someone Sue in a Tort Case in Ohio?

How much compensation a tort victim in Ohio is entitled to depends on the severity of their injury and its impact on their life. 

To get an estimate, it is important to categorize the damages — also known as compensation — into the following:

• Economic damages: These refer to monetary losses, such as medical bills, lost income, and rehabilitation expenses.

• Non-economic damages: These are the losses with no definite monetary value, such as pain and suffering, lost quality of life, and disfigurement. In Ohio, there is a maximum cap of $350,000 on non-economic damages per plaintiff.

• Punitive damages: As a punishment for the defendant, punitive damages are occasionally awarded to plaintiffs. This is true in cases where the defendant acted outrageously. Ohio places a cap on these damages at two times the compensatory damages. For defendants with lesser net worth, the cap is 10% of their net worth up to $350,000.

Mass Tort Recoveries

Financial recoveries in mass torts are all the more difficult to predict because of these cases’ complexity. The following Ohio cases can provide insights into mass tort payouts:

• Ortho Evra birth control patch lawsuits: One plaintiff in particular petitioned for the removal of non-economic damage caps in their own lawsuit against Johnson & Johnson over its birth control product. However, the Ohio Supreme Court decided that these caps were constitutional.

• DuPont PFOA mass tort lawsuits: A federal jury in 2017 issued an order for DuPont to pay an additional $10.5 million as punitive damages for the plaintiff suffering from testicular cancer caused by exposure to DuPont’s PFOA chemicals. 

Other Considerations

Some other noteworthy considerations for financial recovery in Ohio torts include the following:

• Comparative negligence: A tort victim who contributed to their injury can recover reduced compensation in accordance with their fault, per Ohio’s modified comparative negligence doctrine. If the victim has greater fault than the defendant, they can no longer obtain any compensation.

• Government claims: There are also limits as to how much compensation a victim can recover when suing Ohio government personnel or entities. Non-economic damages are capped at $250,000 per person per incident and $1 million for all plaintiffs involved in a single case. Punitive damages are not allowed.

Other Legal Remedies in Tort Cases in Ohio

In addition to compensatory damages, the following legal remedies can be obtained by a tort plaintiff in Ohio:

• Injunction: This is when the court orders a defendant to do something or stop doing something. An example of this is a temporary restraining order. An assault and battery victim may ask for a TRO against their assailant.

• Restitution: This remedy can be obtained in criminal or civil cases. The convicted defendant may be required by the judge to pay restitution damages as compensation for the victim’s injury. In civil cases, the judge may order the defendant to give back what they wrongfully gained from the plaintiff.

Resources for Tort Victims in Ohio

Ohio State Bar Association

The State Bar offers an array of public services, including highly accessible legal support. Claimants in tort lawsuits can use the OSBA’s lawyer referral services, attorney directory, and legal aid solutions. They can peruse the OSBA’s legal resources to learn more about torts, personal injury law, and how to hire a lawyer.

United States Judicial Panel on Multidistrict Litigation

Mass tort victims in Ohio can visit the U.S. Judicial Panel on Multidistrict Litigation website to find relevant info. These include MDL-related forms, rules and procedures, hearing information, and case details. Should they need further assistance, they can call the JPML Clerk’s Office at 202-502-2800. The website also offers extensive resources for self-represented plaintiffs.

Crime Victim Compensation Program

Financial assistance can be given to victims of violent crimes and their families. The Crime Victim Compensation Program helps pay for funeral costs, income loss, and counseling appointments incurred by eligible individuals.