23
May
Can Children be Negligent in Ohio?
Can children under the age of 18 be “negligent”? Recall that negligence is the failure to exercise ordinary care for the safety of others. Well, the answer is: It depends how old the minor is. Infants under seven years of age are “incapable of negligence”; children between 7 and...
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May
Civil Actions (Compensation) for Criminal Acts
RC 2307. 60 allows for the recovery of monetary compensation for criminal acts, including attorney fees and punitive damages if the plaintiff has ample evidence. Must the defendant be convicted of the crime for the statute to apply? The Ohio Supreme Court says no. In Buddenberg v...
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May
Political Subdivision Tort Liability – Immunity Under RC 2744.02(A)(1)
Under RC 2744. 02(A)(1), political subdivisions and their employees are immune from tort liability (meaning legal responsibility for personal injury and property damage) in performing either a governmental or proprietary function, subject to certain exceptions. Political subdivisi...
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May
Punitive Damages / Attorney Fees (The “Lodestar” calculation)
Ohio Law Series Punitive Damages / Attorney Fees (The “Lodestar” calculation) Ohio adheres to the “American Rule” regarding attorney fees, which means each party is responsible for its own attorney fees: Ohio courts generally follow the “American rule” with respect to an award of...
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