Sidewalk and Public Property Falls in Ohio

A city's legislative authority has care, supervision and control of public streets and sidewalks, and the statute says the city's liability or immunity for failing to carry out those duties is decided under the political subdivision immunity law. That law makes political subdivisions liable for negligent failure to keep 'public roads' in repair, and defines public roads as public roads, highways, streets, avenues, alleys and bridges; sidewalks are not listed in that definition. A city may require owners of abutting lots to build or repair sidewalks and, if they do not, do the work and assess the cost against the property; these assessment statutes do not say in words that the abutting owner is liable to an injured pedestrian. No prior-written-notice requirement appears in the immunity chapter.

Claims against a city, county, township, school district or other political subdivision: the immunity chapter (reviewed) has no written notice-of-claim step before suing; the lawsuit must be filed within two years after the claim arises (or any shorter period that applies). Punitive damages are not allowed, insurance and other collateral benefits are deducted from the award, and damages that are not actual losses (such as pain and suffering) are capped at $250,000 per person except in wrongful death cases. Political subdivisions are immune except in the situations the statute lists, such as negligent driving by employees, negligent failure to keep public roads in repair, and physical defects in government buildings caused by employee negligence.

State: suits against the state are filed in the Ohio Court of Claims within two years after the claim accrues (or any shorter period that applies to similar private suits). For certain claims covered by the state's risk management program, the claimant must first try to have the claim settled by the Office of Risk Management before suing. Local governments (political subdivisions): the lawsuit must be filed within two years; punitive damages are not allowed; damages other than actual losses (such as pain and suffering) are capped at $250,000 per person, except in wrongful death actions; and insurance or other benefits the claimant receives are deducted from the award.

An action for bodily injury must be filed within two years after the cause of action accrues, which is generally when the injury occurs. For injuries from exposure to certain substances (such as hazardous chemicals, prescription drugs or medical devices, or asbestos), the clock starts when the person learns, or reasonably should have learned, that the injury is related to the exposure.