Cleveland Lawyer for Recklessness, Gross Negligence and Lawsuits involving Malice
In Ohio, a claim for negligence arises when a person is injured due to the recklessness or carelessness of another. The term "negligence" is defined under Ohio law as the failure to exercise the degree of care required of a reasonable and prudent person in any given circumstance resulting in injury to another.
If you or a loved one has been injured due to another's negligence or recklessness contact an injury lawyer at Triscaro & Associates today. LET US BE YOUR ADVOCATE!
Common Ohio Negligence Claims Include:
- Premises Liability
- Negligent Security
- Dog Bites / Animal Attacks
- Dangerous Drugs
- Unsafe Toys
- Construction Site Injuries
- Factory Injuries
- Workplace Accidents
- Defective Medical Products
- Medical Malpractice
- Wrongful Death
Negligence claims involve establishing a duty and breach of that duty.
For claims involving negligence, the plaintiff (person that was injured) has the burden of proving that the defendant owed them a duty of care. Every person and every company have a duty to act with reasonable care, and not to expose others to a foreseeable risk of harm through their conduct. In certain situations, defendant's owe a heightened standard of care (e.g. product manufacturers, transportation providers).
Once a plaintiff is able to establish the duty owed, they must prove by a preponderance of the evidence (more probably than not) that the defendant breached the applicable duty.
Causation & Liability
Once a plaintiff is able to show that a defendant breached a duty owed to them, they must show that the defendant actually or proximately caused them injury. These two types of causation are defined as follows:
Actual Cause: "But-for" the defendants conduct, the plaintiff would not have been harmed.
Proximate Cause: An action related to the injury that is considered the primary cause of the harm
Once causation is established, the last element that a plaintiff must establish is damages. Damages in Ohio generally include economic harm and noneconomic harm, which are defined as follows:
Economic Harm: medical bills, lost wages
Noneconomic Harm: pain and suffering, permanent injury, loss of consortium
Ohio Burden of Proof for Negligence Claims
In Ohio, plaintiff has the burden of proving their negligence claim by a "preponderance of the evidence," which can be defined as more probably than not or greater than 50%. For example, if plaintiff was playing a football game they would need to cross the 50 yard line in order to prevail. In criminal cases, the standard of proof is "beyond a reasonable doubt," which is a much higher standard of care.
Ohio negligence claims are also governed by the legal doctrine of comparative fault. If a jury determines that a plaintiff was 51% or more responsible for their own injuries then they are barred from recovery. If the jury determines that a plaintiff was 50% or less responsible, then plaintiff's damages are reduced by the percentage of their responsibility.
Ohio Statute of Limitations for Negligence Claims
Most Ohio negligence claims are governed by Revised Code 2305.10, which provides that the claim must be filed within 2 years of when the cause of action accrues. Generally, this means that you have 2 years from the date of the injury to file a lawsuit for negligence in court. If you fail to do so, the claim may be forever barred.
If you or a loved one has been injured due to the negligence of another please contact us today by filling out the contact form on this page or by calling (440) 248-8811. We over free and confidential initial consultations, and contingency fees for claims involving negligence.
