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 14 are presumed to be incapable […]
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. Weisdack, 2020-Ohio-3832, the Ohio Supreme Court held that the […]
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 subdivisions include municipal corporations, townships, counties, school districts, and similar entities. Several exceptions to this general grant of immunity include: […]
UPDATE: HB 197 to Extend Statutes Of Limitations In Ohio During State Of Emergency
On March 23, we reported that the current COVID-19 crisis had yet to affect statutes of limitations (and other important case deadlines) in Ohio. As with so much during this time, things have changed. Yesterday, Ohio’s General Assembly passed HB 197 with amendments, which, among other things, extends statutes of limitations during the current state […]
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 attorney fees: each party is responsible for its own attorney fees. […]
