Key Takeaways
- Ohio follows a modified comparative negligence system with a 50% bar for fault allocation
- Commercial general liability policies use file and use rate regulation
- Joint and several liability applies in Ohio with modifications
- Professional liability insurance is required for certain licensed professions
- Ohio recognizes negligence per se for statutory violations
Last updated: January 2026
Ohio General Liability Insurance
Ohio has specific requirements for general liability insurance that agents must understand.
Modified Comparative Negligence
Ohio uses modified comparative negligence with a 50% bar:
How It Works
- Fault is allocated among all parties
- Damages reduced by percentage of fault
- 50% Rule: If 50% or more at fault, NO recovery
Joint and Several Liability
Ohio has modified joint and several liability:
| Defendant Fault | Liability Rule |
|---|---|
| More than 50% responsible | Joint and several for economic damages |
| 50% or less responsible | Several liability only (their share) |
Economic vs. Non-Economic Damages
- Economic: Joint and several liability applies
- Non-Economic: Several liability only (each pays their share)
Commercial General Liability (CGL)
Ohio CGL policies must comply with state requirements:
Required Elements
- Occurrence vs. claims-made coverage clearly disclosed
- Coverage territory defined
- Limits per occurrence and aggregate
- Defense costs—duty to defend
- Standard exclusions applied
Rate Regulation
Under file and use:
- Rates filed with ODI
- Can be used immediately
- Subject to post-implementation review
- Must be actuarially justified
Professional Liability
Ohio requires or regulates professional liability for various professions:
State-Mandated Coverage
| Profession | Requirement |
|---|---|
| Attorneys | Must carry malpractice or disclose lack of coverage |
| Physicians | Medical malpractice required |
| Architects | E&O for licensed practice |
| Engineers | E&O for licensed practice |
| Real Estate Agents | E&O recommended |
| Insurance Agents | E&O recommended |
Negligence Per Se
Ohio recognizes negligence per se:
Definition
When a defendant violates a statute or regulation:
- Violation is automatic breach of duty
- No need to prove what a reasonable person would do
- Still must prove causation and damages
- Statute must be designed to protect the injured class
Common Examples
- Traffic violations causing accidents
- Building code violations causing injury
- OSHA violations causing workplace injury
Products Liability
Ohio products liability insurance:
Theories of Liability
| Theory | Standard |
|---|---|
| Strict Liability | Product was defective and unreasonably dangerous |
| Negligence | Defendant failed to exercise reasonable care |
| Breach of Warranty | Product failed to meet warranty terms |
Ohio Products Law
- Statute of repose: 10 years for products
- Strict liability recognized
- Component part manufacturers may be liable
- Sophisticated user defense available
Premises Liability
Ohio premises liability depends on entrant status:
Classification of Entrants
| Status | Duty Owed |
|---|---|
| Invitee | Highest duty—reasonable care |
| Licensee | Warn of known hidden dangers |
| Trespasser | No willful or wanton conduct |
| Child Trespasser | Special rules apply (attractive nuisance) |
Recreational User Statute
Ohio limits landowner liability for:
- Recreational activities on private land
- No charge for use
- Limits duty to warn
- Exceptions for willful misconduct
Test Your Knowledge
Under Ohio law, how does joint and several liability apply to non-economic damages?
A
B
C
D
Test Your Knowledge
What is Ohio's statute of repose for products liability claims?
A
B
C
D