Ohio

Negligence Doctrine: Modified Comparative Negligence – 51 Percent Bar

Circuit # 6

Med Pay Subrogation - Yes

PIP Subrogation - Yes


Statute of Limitations

Statute of Repose: Products 10 years
Statute of Repose: Real Property 10 years
Breach of Contract (Written) 15 years
Personal Property 2 years
Personal Injury 2 years
Medical Malpractice 1 years
Warranty 4 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - NO

Suspend Owner's License - NO


Deductible Reimbursement

Pro Rata State
Ohio Admin. Code § 3901-1-54(H)(10)
 


Garnishment

YES
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
 

Any person seeking a post-judgment wage garnishment must send a written demand to the judgment debtor at least 15 days and not more than 45 days before seeking a garnishment order; The garnishment order is a continuous order, requiring the garnishee to withhold from the debtor’s earnings each pay period until the judgment is paid in full; Up to 25% of the debtor’s net disposable income may be garnished.  However, this order may be interrupted by the filing of a garnishment by another judgment creditor, in which case: 1. The first garnishment order shall remain in effect for 182 days, if the subsequent garnishment is the same priority, or 2. The first garnishment order shall immediately cease to be in effect if the subsequent garnishment is a higher priority, such as a child support order or tax levy
 


Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability:
    $15,000 plus costs and attorney’s fees for Various Conduct
    $10,000 plus costs for Property Damage & Personal Injury Unlimited for Auto Liability
Joint and several liability imposed for child’s acts of vandalism, desecration, or ethnic intimidation; Liability imposed when child willfully causes damage to property; Liability imposed when child willfully and maliciously assaults a person with a force likely to produce great bodily harm; Joint and several liability imposed when child commits negligent or willful acts in operation of motor vehicle, such acts harm people or property, and parent signed child’s driver’s license or permit application
 


Subrogation by Landlord's Carrier against Tenant

Not clear, look to lease


State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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