## Ohio comparative fault rule

The controlling primary authority for US-OH damages allocation authority (Ohio Rev. Code § 2307.22) is **Rev.**.

> **Rev..** Section 2307.22 - Ohio Revised Code | Ohio Laws Skip to main content Revised Code Keywords Section Number Go To Section Laws Ohio Constitution Ohio Revised Code Ohio Administrative Code About About Contact Contact Related Sites Related Sites Back To Top Top Home Laws Ohio Constitution Ohio Revised Code Ohio Administrative Code About Contact Related Sites Go To Revised Code Number Go Revised Code Keywords The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act r

## Source-backed allocation summary

US-OH damages allocation controlling authority under Ohio Rev. Code § 2307.22.

This source-backed page does not certify limitation periods, damages caps, case-law exceptions, or calculator formula assumptions beyond the quoted statutory allocation rule.

## Use the calculator

DocketMath's damages-allocation tool can model allocation scenarios once you identify the controlling jurisdiction, claim posture, and negligence shares. Use the source panel for the verified primary-source rule.

[Open the Damages Allocation calculator](/tools/damages-allocation)

## Sources

- [Rev. — Ohio Rev. Code § 2307.22](https://codes.ohio.gov/ohio-revised-code/section-2307.22)

All sources are official primary law published by `codes.ohio.gov`.

**Corroboration method:** government_primary_source_direct_fetch.


Whiplash settlement value guide for Ohio using DocketMath and jurisdiction-aware rules.

Whiplash settlement value guide for 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.

Whiplash settlement value guide for Ohio

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Ohio comparative fault rule

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