What Is Ohio’s Comparative Fault System?

Many personal injury lawsuits aren’t straightforward. There may be cases where the other party’s at fault, but you made a mistake that undeniably contributed to your injuries. In defective product cases, the company is primarily responsible for designing or manufacturing a defective product or failing to include an adequate warning label or safety instructions, but a victim may have contributed to their injuries by improperly using the product haphazardly or installing it improperly.

Put simply, in some cases, no side is entirely at fault for the injuries, but one side may be more at fault than the other, and they should give the injured party at least some compensation. Ohio’s comparative fault system helps factor shared fault into compensation calculations in civil proceedings.

How Does Comparative Fault Work in Ohio?

The comparative fault law was adopted by Ohio in 1980 after Senate Bill 165 was amended. Its goal was to reduce civil torts while helping parties receive the compensation they deserve. In Ohio’s previous fault system, also known as contributory negligence, even if you were only 20 percent at fault, your right to any compensation was forfeited. The 1980 bill amendment addressed this inequity.

In a comparative fault (or comparative negligence) system, you are responsible for your portion of damages. Compensation is reduced proportionately to your percentage of fault, which means you won’t be barred from receiving some compensation if you made a minor mistake.

For example, if your total damages (medical costs, lost wages and pain and suffering) is calculated to be $20,000 and you were 20 percent at fault, the compensation owed would be reduced by $4,000. But you’ll still receive compensation for 80 percent of your damages, or $16,000.

Drawbacks of Comparative Fault

Because Ohio has a modified comparative fault system, a party can only receive compensation for damages if they are less than 49 percent liable. In a pure comparative fault system, you’re eligible to receive compensation for whatever your fault distribution is. If Party A is found 40 percent at fault and Party B 60 percent, Party B would still be eligible to receive proportionate compensation. But this isn’t the case in Ohio.

In the state’s modified comparative fault system, if either party’s fault percentage is greater than 50, they likely won’t qualify for compensation. If you’re found slightly more at fault, like in the 60 percent example, you won’t be able to recover financial aid for your medical bills, lost wages and pain and suffering. In cases where liability is split evenly at 50-50, no one will receive compensation.

Even when you’re objectively less at fault than the other party, the comparative fault system may not work in your favor. Regardless of the other party’s fault percentage, the injured person’s fault percentage still applies. For example, if a company is 80 percent at fault in a defective product claim, although they are clearly responsible for your injuries, your compensation will still be cut by 20 percent. This means it’s unlikely you’ll receive full compensation for your resultant damages.

While a small subtraction from your compensation may not seem like much, if you’re suffering from severe injuries that require expensive treatment and rehabilitation, even a minor deduction can force victims to pay an exorbitant expense out of pocket.

How an Experienced Defective Product Lawyer Can Help

At the Buckeye Law Group, we’ve built compelling defective product and Ohio personal injury cases for hundreds of previous clients and have successfully fought for the full compensation they deserve. Our attorneys will strengthen your case with robust evidence that clearly establishes who was at fault for your injuries.

In a defective product case, that may mean proving a faulty design, manufacturing defect or irresponsible distribution is clearly more responsible for the injury than you were as an individual user.

Our Nationwide Attorney Network Has Won More Than One Billion Dollars in Settlements and Verdicts for Our Clients

At the Buckeye Law Group, our dedicated defective product and personal injury attorneys will fight hard to protect you from unfair out-of-pocket costs. We’ll work hard to bolster your chances of receiving total compensation so you can make a full recovery.

Schedule a free one-on-one consultation with one of our lawyers by calling 1-800-411-PAIN or filling out our contact form.