What Is Ohio’s Comparative Fault Law?

When it comes to resolving accident claims, the law on fault can get complicated. Each state operates under its own set of rules, which significantly impact how damages are awarded in personal injury cases. Ohio’s approach stands out due to its comparative fault doctrine, which balances fairness and accountability.

At Lafferty Gallagher & Scott, we’ve been helping victims in Ohio understand and navigate these laws for over 50 years. We’ve witnessed firsthand how these principles have evolved to better serve accident victims. In this post, we’ll break down Ohio’s comparative fault law so you have a better idea of what to expect if you’re pursuing compensation after an accident.

What Is Comparative Fault?

Under Ohio’s comparative fault law, an accident victim can recover damages even if they are partially at fault for the incident. However, the amount of compensation they receive is adjusted based on their level of responsibility for the accident. This means that fault isn’t an all-or-nothing concept here––it’s shared.

The 50% Rule

A crucial aspect of Ohio’s comparative fault law is the “50% rule”. If you are found to be more than 50% responsible for the accident, you cannot recover damages. However, if you are less than 50% responsible, you can still recover damages. The amount you receive will be reduced by the degree of fault assigned to you.

For example:

• Imagine you were in a car accident and incurred $20,000 in damages.
• If you were found 30% at fault, your compensation would be reduced by that percentage.
• You would receive $14,000 (70% of $20,000).

This system ensures accountability while still allowing accident victims to receive fair compensation.

The Shift from Contributory Negligence to Comparative Negligence

To understand the significance of comparative fault, it’s helpful to consider the historical context. Before 1980, Ohio followed the contributory negligence doctrine, which was far more rigid and, many would argue, unfair. Under this system, if a plaintiff was even 1% at fault for an accident, they were barred from recovering any compensation.

This “all-or-nothing” approach left many accident victims without recourse, even in cases where the other party was overwhelmingly at fault. Recognizing this injustice, Ohio revised the law and changed to a comparative fault system, which strikes a more equitable balance. The law acknowledges that accidents are often the result of shared mistakes rather than the sole fault of one person.

Why Do You Need Legal Representation for a Comparative Fault Case?

Ohio’s comparative fault system can be complex, especially when multiple parties are involved, and fault percentages are debated by insurance companies. Having an experienced lawyer on your side is critical to ensuring you’re not unfairly assigned a higher degree of fault than you deserve––a scenario that directly impacts how much compensation you’ll receive.

Navigate Ohio’s Laws with Confidence

Ohio’s comparative fault law provides a more balanced system for assigning responsibility and awarding damages. However, these cases are rarely straightforward. Understanding the nuances of this legal framework can make all the difference in the outcome of your claim.

If you’ve been injured in an accident, you don’t have to face these challenges alone. Our award-winning attorneys at Lafferty Gallagher & Scott have been fighting for victims’ rights in Ohio since 1973. Contact us today to discuss how we can fight for your maximum compensation.