Understanding Ohio’s Comparative Fault Law

Understanding Ohio’s Comparative Fault Law

When you’re injured because of someone else’s mistake, it can feel overwhelming. One of the most important laws to understand in Ohio is the rule of comparative fault (sometimes called “comparative negligence”). It’s how the state decides who pays what when more than one person may share blame.

What is Comparative Fault?

In Ohio, when more than one person may share blame for an injury, the law acknowledges that not everything is “all or nothing.” According to Ohio Revised Code § 2315.33:

“The contributory fault of a person does not bar the person as plaintiff from recovering damages … if the contributory fault of the plaintiff was not greater than the combined tortious conduct of all other persons … and the court shall diminish any compensatory damages recoverable by the plaintiff by an amount that is proportionately equal to the percentage of tortious conduct of the plaintiff.”

What this means:

• You can pursue a claim even if you bear some portion of the blame.
• If your share of fault exceeds that of all the others combined (you’re the majority at fault), you’re barred from pursuing a claim.

In simple terms, when an accident happens in Ohio, more than one person can share blame. It’s not always cut and dry (one person’s guilty and one person’s innocent). Instead, the law allows that you might have played a small part, and so did someone else. Under Ohio law, your ability to recover compensation depends on how much of the fault falls on you vs. how much falls on the other party.

Under Ohio law:

• If someone else (or multiple other parties) is mostly to blame, you can recover compensation, even if you had some role.
• If you’re found to be more than half (51% or more) responsible for your own injury, you cannot recover anything.
• If you are 50% or less at fault, you can recover, but your award will be reduced in proportion to your fault.

How Does the Law Work in Ohio?

If you’re involved in a car crash in Ohio:

• The jury (or judge) will look at the evidence and decide the percentage of fault each party bears. For example, if the other driver ran a red light (they’re 70 % at fault) and you were texting while driving (you’re 30 % at fault).
• If total damages (medical bills, lost wages, pain & suffering) amount to $100,000, and you are 30 % at fault, you would technically be eligible to recover $70,000.
• If instead you were found to be 51% at fault, you recover nothing. Even if the other side was negligent, you exceeded the legal threshold.

This means it’s very important to understand not just how much the other side is at fault, but also how much you might be found at fault.

Why This Matters for Your Claim

• Insurance companies know this law. When you file a claim, they may try to argue that you were partially to blame to reduce what they owe. Knowing the comparative fault rule means you’re better prepared.
• It affects the settlement strategy. For example, if you and your attorney believe you’ll be found 20% at fault, you know your recovery will be about 80% of the total damages. That shapes how you negotiate.
• It underscores the importance of gathering strong evidence to show that the other side’s fault is significantly greater than yours. If you can tip the balance so you’re under the 50% mark, you stay eligible.
• It shows why you shouldn’t wait. The sooner you document what happened, preserve evidence, talk to witnesses, and take photos, the better your position.

The law applies in many kinds of injury cases—car accidents, slip & falls, product liability, etc. It doesn’t only apply to car accidents.

The Bottom Line

• Your fault matters—but it doesn’t automatically mean you can’t recover.
• If your share of fault is 50% or less, you can recover, but the amount will go down by your fault percentage.
• If your share is more than 50%, you’re barred from recovery under Ohio law.
• It is crucial to work with an attorney who understands how fault is assigned and how to fight for you.

At Casper & Casper, we know these rules inside and out. If you’ve been injured in an accident and are worried about fault, we’ll help you understand what your options are and guide you through the whole process. You shouldn’t face big insurance companies alone. Give us a call today for a free consultation!