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Personal Injury

The Comparative Negligence Standard in Ohio

By December 19, 2021January 3rd, 2022No Comments

Many personal injury claims, including car & motorcycle accidents and slip and fall injuries, have some sort of negligence associated with the incident by at least one party. This typically means the party that the court found to be least negligent is entitled to some kind of compensation.

Ohio law typically asks the injured person to prove the defendant’s negligence, but what if the injured person was also negligent, and that negligence contributed to the injury?

Often, more than one specific action contributes to an accident. Many people assume they can’t recover if they were negligent themselves, but this assumption is often wrong.

Ohio Contributory Fault Law

Simply put, current Ohio law allows an injured person to recover damages if they were not more than 50% responsible for the event that caused the injury. However, the amount of damages the plaintiff can recover will be reduced in proportion to their fault.

Liability of Individual Defendants in Ohio Personal Injury Cases

This law also works for defendants. When negligence is shared, it reduces the burden on both parties.

In any type of motor vehicle accident, possible responsible parties could include:

  • Any accident-involved driver
  • A driver’s employer, if the driver is on the job or operating a company vehicle;
  • The vehicle’s owner, if the car or truck was negligently entrusted to the driver;
  • Others on the road at the time and in the vicinity of the accident
  • A governmental entity, if faulty road design, maintenance, or signage contributed to the crash;
  • The vehicles’ manufacturer if a part of the vehicle failed mechanically or partly caused the accident.


In Mason, Hamilton, or West Chester, clients trust Garretson & Holcomb, LLC to guide them through the auto accident lawsuit process and advise them on potential options for compensation for their injuries or further damage. To learn more, call (513) 863-6600 today.

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