Legal Question in Civil Litigation in Ohio
negligence
Looking for tthe answer to is Ohio a contributory or comparative damage state and what percentages must the plaintiff have to get it thrown out ,or percentage of fault?
Asked on 10/01/03, 4:50 pm
1 Answer from Attorneys
Steven Magas
Smith Rolfes & Skavdahl
Re: negligence
Ohio is a modified comparative negligence state. If the plaintiff is more negligent than the defendant then the plaintiff loses... i.e., 50/50 and the plaintiff wins, but the award is sliced by 50%. If liability comes back 51% plaintiff's fault and 49% defendant's fault then the plaintiff wins Zero.
Answered on 10/01/03, 5:50 pm