> This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

# Damages Allocation in Ohio

In Ohio, the allocation of damages in a tort action is governed by the comparative fault rule found in Ohio Revised Code § 2307.22, which bars recovery for a plaintiff only when their fault exceeds 50%. Under this statute, the trier of fact determines the percentage of fault attributable to each party, including the plaintiff. If the plaintiff’s fault is 50% or less, their damages are reduced proportionally by that percentage. If the plaintiff’s fault exceeds 50%, they recover nothing. The law also sets out factors for apportioning fault among multiple defendants and provides exceptions for certain intentional torts. The worked example below demonstrates how this 50% threshold operates in practice. To estimate damages allocation for your specific circumstances, use the DocketMath calculator.

## Governing authority

In Ohio, the damages allocation rule is set by **Ohio Rev. Code § 2307.22**. The verified packet cites Ohio Rev. Code § 2307.22 (https://codes.ohio.gov/ohio-revised-code/section-2307.22).

**Ohio damages allocation:** the verified value is **50%** under Ohio Rev. Code § 2307.22. The verified packet cites Ohio Rev. Code § 2307.22 (https://codes.ohio.gov/ohio-revised-code/section-2307.22).

**Estimate your own result:** every situation has exceptions that can change the outcome. Use the damages allocation calculator to estimate your specific figure.

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_This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction._


In Ohio, the allocation of damages in a tort action is governed by the comparative fault rule found in Ohio Revised Code § 2307.22, which bars recovery for a 

Damages Allocation in Ohio

The contributory fault of a person does not bar the person as plaintiff from recovering damages that have directly and proximately resulted from the tortious conduct of one or more other persons, if the contributory fault of the plaintiff was not greater than the combined tortious conduct of all other persons from whom the plaintiff seeks recovery in this action and of all other persons from whom the plaintiff does not seek recovery in this action. 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 as determined pursuant to section 2315.34 of the Revised Code.

(1) In a tort action in which the trier of fact determines that two or more persons proximately caused the same injury or loss to person or property or the same wrongful death and in which the trier of fact determines that more than fifty per cent of the tortious conduct is attributable to one defendant, that defendant shall be jointly and severally liable in tort for all compensatory damages that represent economic loss. (2) If division (A)(1) of this section is applicable, each defendant who is determined by the trier of fact to be legally responsible for the same injury or loss to person or property or the same wrongful death and to whom fifty per cent or less of the tortious conduct is attributable shall be liable to the plaintiff only for that defendant's proportionate share of the compensatory damages that represent economic loss.

(1) In a tort action in which the trier of fact determines that two or more persons proximately caused the same injury or loss to person or property or the same wrongful death and in which the trier of fact determines that more than fifty per cent of the tortious conduct is attributable to one defendant, that defendant shall be jointly and severally liable in tort for all compensatory damages that represent economic loss.

(2) If division (A)(1) of this section is applicable, each defendant who is determined by the trier of fact to be legally responsible for the same injury or loss to person or property or the same wrongful death and to whom fifty per cent or less of the tortious conduct is attributable shall be liable to the plaintiff only for that defendant's proportionate share of the compensatory damages that represent economic loss. The proportionate share of a defendant shall be calculated by multiplying the total amount of the economic damages awarded to the plaintiff by the percentage of tortious conduct as determined pursuant to section 2307.23 of the Revised Code that is attributable to that defendant.

(C) In a tort action in which the trier of fact determines that two or more persons proximately caused the same injury or loss to person or property or the same wrongful death, each defendant who is determined by the trier of fact to be legally responsible for the same injury or loss to person or property or for the same wrongful death shall be liable to the plaintiff only for that defendant's proportionate share of the compensatory damages that represent noneconomic loss. The proportionate share of a defendant shall be calculated by multiplying the total amount of the noneconomic damages awarded to the plaintiff by the percentage of tortious conduct as determined pursuant to section 2307.23 of the Revised Code that is attributable to that defendant.

(D) Sections 2307.25 to 2307.29 of the Revised Code shall apply to joint and several tort liability that is described in division (A) of this section.

(A) Subject to sections 2307.23 and 2307.24 and except as provided in division (B) of section 2307.70 , division (B) of section 4507.07 , section 4399.02 , or another section of the Revised Code that expressly establishes joint and several tort liability for specified persons, joint and several tort liability shall be determined as follows: (1) In a tort action in which the trier of fact determines that two or more persons proximately caused the same injury or loss to person or property or the same wrongful death and in which the trier of fact determines that more than fifty per cent of the tortious conduct is attributable to one defendant, that defendant shall be jointly and severally liable in tort for all compensatory damages that represent economic loss.

Ohio damages allocation should use the civil contributory-fault authority in Ohio Rev. Code § 2315.33, not Ohio Rev. Code § 2901.13 criminal-prosecution or 0.5-year / 6-month default statute-of-limitations framing.

damages allocation in US-OH is governed by Ohio Rev. Code § 2307.22.

Damages Allocation in Ohio

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Damages Allocation in Ohio

Governing authority