Ohio · Comparative Negligence

Ohio Comparative Negligence Rule

Ohio follows a modified 51% bar rule under Ohio Rev. Code § 2315.33. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: Ohio

Rule type: Modified 51% bar
Max fault to recover: 50%
How recovery works: Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for Ohio

Modified comparative fault with a 51% bar; the plaintiff is barred only when contributory fault is "greater than" the combined tortious conduct of all defendants and nonparties.

Related: Ohio statute of limitations

Ohio gives you 2 years to file a personal injury lawsuit under Ohio Rev. Code § 2305.10.

See the full Ohio statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Ohio attorney before relying on it.

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Ohio Comparative Negligence FAQ

What comparative negligence rule does Ohio follow?

Ohio follows a modified 51% bar rule under Ohio Rev. Code § 2315.33. Claimant barred when fault is greater than 50% (the 51% rule). Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in Ohio?

Yes, up to a point. In Ohio you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in Ohio?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Ohio bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in Ohio?

Ohio gives you 2 years to file a personal injury lawsuit under Ohio Rev. Code § 2305.10.

Where can I read the actual rule?

The controlling authority is Ohio Rev. Code § 2315.33. The full text is available at https://codes.ohio.gov/ohio-revised-code/section-2315.33.

See comparative negligence rules for all 51 covered states

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