Negligence in Ohio
State-specific overview · Tort Law
Ohio uses comparative negligence, allowing recovery if the plaintiff is not more than 50% at fault, with damages reduced by their percentage of fault.
How Ohio treats Negligence
Ohio applies modified comparative negligence, permitting recovery when a plaintiff's negligence does not exceed 50% of the total negligence. If a plaintiff is found 40% at fault, they recover 60% of their damages. The defendant bears the burden of proving the plaintiff's comparative negligence as an affirmative defense. Ohio courts apply the reasonable person standard to determine whether conduct breached the duty of care owed.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full 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.