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Chronological Review of Ohio Tort Legislation
by Legislative Session
This section highlights tort reform bills pednding in the 127th Ohio General Assembly (2007-2008) and enacted by
prior Ohio General Assemblies.
127th General Assembly: 2007-2008
126th General Assembly: 2005-2006
- Senate Bill 117 Public Nuisance Litigation and Products Liability
Note that this bill was vetoed by incoming Ohio Governor Strickland and is the subject of pending litigation.
- House Bill 287 Medical Claims
125th General Assembly: 2003-2004
124th General Assembly: 2001-2002
Bills Pending in the 127th Ohio General Assembly
2007-2008
S.B. 59 - Medical Negligence Arbitration
Sponsored by Senator Kevin Coughlin (R-Cuyahoga Falls)
Establishes a pilot program mandating arbitration for claims of medical negligence prior to the filing of a complaint, to suspends, for nine years,
sections 2711.21 to 2711.24 of the Revised Code as the sections apply to medical negligence claims, and terminates
the provisions of this act ten years after the effective date of this act.
Chronology
February 20, 2007 Introduced in the Senate
February 27, 2007 Referred to Insurance, Commerce & Labor Committee
Bill analysis from the Ohio Legislative Service Commission
As introduced
Bills Enacted in the 126th Ohio General Assembly
2005-2006
H.B. 287 - Medical Claims
Sponsored by Representative Jim Aslanides (R-Coshocton)
Provides that there is no cause of action on a medical claim that
because of an act or omission an abortion was not performed.
Effective August 17, 2006
Final analysis from the Ohio Legislative Service Commission
Bills Enacted in the 125th Ohio General Assembly
2003-2004
S.B. 80 - Comprehensive Tort Reform
Sponsored by Senator Steve Stivers (R-Columbus)
Makes changes related to the award of certain damages, collateral benefits evidence, and contributory fault in tort actions;
establishes a statute of repose for certain product liability claims and claims based on unsafe conditions of real property improvements and makes
other changes related to product liability claims; provides that the product liability statutes are intended to abrogate common law product liability causes of
action; enacts a conflicts of law provision for statutes of limitation in civil actions; modifies the provisions on frivolous conduct in filing civil actions;
prohibits imputing any assurances or assumption of liability regarding public access to premises used for growing agricultural produce; establishes minimum medical requirements for
filing certain asbestos claims; establishes limitations on successor asbestos-related liabilities relating to corporations; and makes
other changes related to civil actions.
Effective April 7, 2005
Bricker & Eckler analysis of S.B. 80
Final
analysis from the Ohio Legislative Service Commission
H.B. 498 - Intentional Tort
Sponsored by Representative Keith Faber (R-Celina)
Replaces the existing statutory provisions on employment intentional torts with a requirement that the plaintiff in a civil action based on an employment intentional tort prove that the employer acted with intent to injure another or in the belief that the injury was
substantially certain to occur.
Effective April 6, 2005
Final
analysis from the Ohio Legislative Service Commission
H.B. 342 - Silica Dust Injury Claims
Sponsored by Representative Chris Widener (R)
Establishes minimum medical requirements for filing certain silica claims or mixed dust disease claims, establishes premises liability in relation to those claims, and prescribes the requirements for shareholder liability for those claims under the doctrine of piercing the corporate veil.
Effective September 1, 2004
Final analysis from the Ohio Legislative Service Commission
Also visit our Asbestos, Silica &
Mixed Dust Reforms in Ohio Resource Center
H.B. 292 - Asbestos Claims
Sponsored by Representative Scott Oelslager (R-Canton)
Establishes minimum medical requirements for filing certain asbestos claims and
establishes limitations on successor asbestos-related liabilities relating to corporations.
Effective September 2, 2004
Final analysis from the Ohio Legislative Service Commission
Also visit our Asbestos, Silica &
Mixed Dust Reforms in Ohio Resource Center
H.B. 282 - Insolvent Insurance Companies
Sponsored by Representative Larry Flowers (R-Canal Winchester)
Lengthens the time period during which the liquidator of an insolvent insurance
company may void certain preferential transfers of property by the company to a
creditor. Also creates a Medical Liability Underwriting Association.
Effective April 12, 2003
Final
analysis from the Ohio Legislative Service Commission
H.B. 215 - Medical Claims
Sponsored by Representative Jean Schmidt (R-Loveland)
Prohibits the use of a defendant's statement of sympathy as evidence in a medical liability action, establish qualifications for expert witnesses in medical liability actions, regulate the use of affidavits of noninvolvement in medical claims, and regulate the
collection and disclosure of medical claims data.
Effective September 14, 2004
Final analysis from the Ohio Legislative Service Commission
H.B. 212 - Prejudgment Interest
Sponsored by Representative Bill Seitz (R-Cincinnati)
Changes the rate of interest on money due under certain contracts and on judgments, changes
the computation of the period for which prejudgment interest is due in certain civil actions, precludes prejudgment interest on future damages, and
requires that the finder of fact in certain tort actions in which future damages are claimed specify the amount of past and future damages awarded.
Effective June 2, 2004
Final analysis from the Ohio Legislative Service Commission
S.B. 86 - Physician Liability
Sponsored by Senator Steve Stivers (R-Columbus)
Extends immunity from liability for services provided by volunteer health care
professionals and workers to more health care facilities and to nonprofit referring organizations and
Effective July 12, 2004; section 7 effective April 13, 2004
Final analysis from the Ohio Legislative Service Commission
Bills Enacted in the 124th Ohio General Assembly
2001-2002
H.B. 412 - Nursing Home Liability
Sponsored by Representative B. Seitz (R-Cincinnati)
Relative to the results of a home inspection or nursing facility survey,
liability of a residential care facility or a home for employee actions, liability of a
residential care facility or a home for punitive damages, and expansion of the definition
of "medical claim" in the statute of limitations.
Effective November 11, 2002
Final analysis from the Ohio Legislative Service Commission
S.B. 281 Malpractice Claims
Sponsored by Representative D. Goodman (R)
Relative to medical claims, dental claims, optometric claims and
chiropractic claims.
Effective April 11, 2003
Final analysis from the Ohio Legislative Service Commission
S.B. 120 Tort Liability
Sponsored by Senator B. Johnson (R-Westerville)
Modifies the law regarding the apportionment of
liability in specified civil actions.
Effective April 9, 2003
Final analysis from the Ohio Legislative Service Commission
S.B. 106 School Sovereign Immunity
Sponsored by Senator R. Hottinger (R-Newark)
Includes as governmental functions under the Political
Subdivision Sovereign Immunity Law the design, construction, reconstruction, renovation,
repair, maintenance, and operation of any school athletic facility, school auditorium, or
gymnasium and the designation, establishment, design, construction, implementation,
operation, repair, or maintenance of railroad quiet zones; expands the motor vehicle
operation liability of political subdivisions to include liability for harm caused by
negligent operation other than upon public roads; to limit a political subdivision's
obligation to defend an employee to acts or omissions that occur while the employee is
both acting in good faith and not manifestly outside the scope of employment or official
responsibilities; makes changes proposed by Am. Sub. H.B. 350 of the 121st General
Assembly to the Political Subdivision Sovereign Immunity Law; and amends sections
2744.01 and 2744.03 of the Revised Code as scheduled to take effect on January 1,
2002, to continue the amendments of this act on and after that date.
Effective April 9, 2003
Final analysis from the Ohio Legislative Service Commission
S.B. 24 Sovereign Immunity Expansion
Sponsored by Senator B. Johnson (R-Westerville)
Includes as a governmental function under the Political Subdivision
Sovereign Immunity Law the design, construction, reconstruction, renovation, repair,
maintenance, and operation of any recreational area or facility, including a bicycle
motocross, bicycling, skating, skate boarding, or scooter riding facility, a rope
course or climbing walls, or an all-purpose vehicle facility; continues the provisions
of this act on and after January 1, 2002, by amending the version of section 2744.01 of
the Revised Code that takes effect on that date; and removes matter inserted by and
revives matter removed by Am. Sub. H.B. 350 of the 121st General Assembly to present
in this act the version of section 2744.01 of the Revised Code that is currently effective.
Effective October 27, 2001
Final analysis from the Ohio Legislative Service Commission
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