Understanding Comparative Fault in Ohio

The concept of comparative fault—also known as comparative negligence—is used to determine how liability is assigned in personal injury cases where multiple parties may be at fault.

Ohio utilizes a modified comparative fault rule, which allows for a fair allocation of fault based on each party’s degree of responsibility. Here’s how it works.

Modified Comparative Fault—the 51% Rule

Ohio uses a 51% bar rule for comparative fault, which means:

• If a party is found to be 51% or more at fault for an accident, they cannot legally recover any damages at all.
• If a party is found to be 50% or less at fault, they are legally allowed to recover damages, but their reward will be reduced by their percentage of fault.
• For example, if someone is awarded $100,000 in damages, but is found to be 30% at fault, their compensation would be reduced by 30%, resulting in a $70,000 award.

Calculating Damages Based on Fault

• Typically, the jury or judge will assess the evidence to assign a percentage of fault to each party.
• Plaintiffs who are more than 50% responsible do not receive any damages. But, if they are less than 51% responsible, their reward is proportionally reduced according to their fault percentage.

Impact on Liability and Insurance Claims

• Comparative fault affects negotiations with insurance companies, as insurers often try to assign some level of fault to the injured party to reduce their payout. For this reason, it’s important that the injured party secures legal representation with the experience to navigate modified comparative fault effectively.
• Joint liability can still apply, meaning multiple parties may be responsible for damages, but each will pay only up to their assigned level of fault.

Comparative Fault in Court

• If a personal injury case goes to court, Ohio Revised Code Section 2315.33 provides the legal guidelines for assigning fault.
• Ohio courts generally encourage the use of comparative fault to ensure equitable compensation based on each party’s contribution to the accident.

Ohio’s comparative fault rule allows individuals who are partially at fault to still recover damages as long as they are not more than 50% responsible. This rule encourages a balanced approach to liability, ensuring plaintiffs do lose out entirely if they had some role in an accident. However, it requires an attorney with the experience and expertise to understand comparative fault and achieve the best result for their client.

If you or a loved one are involved in a personal injury incident, contact the attorneys at LaSalvia Law. We will fight to win you the compensation you deserve.