Contributory Negligence in Ohio
State-specific overview · Tort Law
Ohio uses modified comparative negligence, barring recovery if your negligence equals or exceeds the defendant's.
How Ohio treats Contributory Negligence
Under Ohio Revised Code § 2315.19, a plaintiff cannot recover if their negligence is greater than or equal to the combined negligence of all defendants. A plaintiff who is 49% at fault can recover 51% of damages, but at 50% or higher, recovery is completely barred. Ohio applies this rule across all negligence actions, and the plaintiff bears the burden of proving the defendant's negligence to establish any recovery right.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Ohio.