What You Need to Know About Negligence Laws in Ohio
Ohio is a comparative negligence state. Here is everything you need to know about comparative negligence in Ohio.
Ohio law defines negligence as the failure to exercise the care reasonable to a person in any given circumstances. This lack of reasonable care results in injury or damage to another.
What is Comparative Negligence?
Comparative negligence allows for the two parties at fault to share in the cost of the damages. However, the cost-share would be in proportion to the individual’s share in the negligence.
Related: What is Comparative Negligence?
A victim can recover damages minus the percent caused by their own negligence. For example, if an individual is 30 percent negligent in a situation, they can recover 70 percent of their losses under comparative negligence.
If an individual is more than 50 percent negligent, then they cannot recover any losses. The individual who is more than 50 percent negligent would not receive any compensation.
Who Determines the Share of Negligence?
An insurance company will determine an individual’s share of negligence. They will investigate the situation, the facts surrounding it, and other important factors. Insurance companies will often consider what a reasonable and cautious person would have done in a given situation.
Related: Contributory VS Comparative Negligence: The Difference
What Can I Do If I Disagree With My Percentage of Negligence?
If an individual disagrees with their percentage of negligence, the case may have to go to court. A judge or jury will make the decision. An individual can also file a claim with their own insurance company.
Contact Us
If you or a loved one would like to learn more about Ohio Negligence Laws, get your free consultation with one of our most qualified attorneys in Ohio today!