Starting a personal injury issue in Ohio: injury proof, insurance positioning, and before timing gets tighter

Ohio enacted significant tort reform legislation, primarily through HB 350 (2004) and subsequent amendments, that capped non-economic and punitive damages in most personal injury cases. Ohio's non-economic damages cap of $250,000 (or 3× economic damages, whichever is higher, up to $350,000 per plaintiff) applies to most personal injury cases. The cap does not apply to permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system — so catastrophic injuries are exempt. Ohio's punitive damages cap at 2× compensatory damages is also among the lower caps nationally.

Ohio's Non-Economic Damages Cap

ORC § 2315.18 caps non-economic damages (pain and suffering, loss of enjoyment of life, mental distress, consortium) at: $250,000 or 3 times the plaintiff's economic damages (medical expenses, lost wages), whichever is greater — with an absolute maximum of $350,000 per plaintiff / $500,000 per occurrence for cases involving multiple plaintiffs. Exceptions where the cap does not apply: (1) permanent and substantial physical deformity; (2) loss of use of a limb or bodily organ; (3) permanent physical functional injury that prevents the plaintiff from independently caring for themselves. In practice, truly catastrophic injuries — paraplegia, quadriplegia, severe brain injury, loss of limb — are exempt from the cap. Minor and moderate injuries are subject to it. Ohio's cap significantly affects case value analysis for non-catastrophic injuries.

Ohio Government Immunity

Ohio's Political Subdivision Tort Liability Act (ORC § 2744) provides broad immunity to political subdivisions (cities, counties, townships, school districts, park districts) for injuries arising from governmental functions. The Act has a three-tiered analysis: general immunity applies; then specific immunity exceptions are checked; then specific defenses to the exceptions are applied. Key exceptions where immunity is waived include: operation of motor vehicles by employees; proprietary functions (as opposed to governmental functions — trash collection, utilities, golf courses); and certain negligent acts in the performance of proprietary activities. All government claims in Ohio require careful § 2744 analysis, and failure to identify the correct governmental or proprietary character of the activity can be determinative.

Ohio Product Liability

Ohio's Products Liability Act (ORC § 2307.71 et seq.) governs claims for injuries caused by defective products. Ohio recognizes design defect, manufacturing defect, and failure-to-warn claims. Ohio applies a risk-utility analysis for design defect claims (rather than the consumer expectations test used in some states): the question is whether the foreseeable risks of the design outweigh its benefits. Ohio's products liability statute of limitations is 2 years (ORC § 2305.10), and a 10-year statute of repose applies — no claim can be brought more than 10 years after the product was delivered to the first consumer, regardless of when the injury occurred or was discovered (with some exceptions for latent disease).