Ohio-Specific Law
Ohio-Specific Law tests the distinctions between Ohio law and the general rules, especially in torts, civil procedure, evidence, and landlord-tenant. Ohio's bar admissions process includes an Ohio law component, and the exam expects you to apply Ohio statutes and rules when the call specifies Ohio.
Core rules
- Ohio uses modified comparative fault: a plaintiff's recovery is reduced by the plaintiff's percentage of fault, and recovery is barred if the plaintiff's fault is greater than the combined fault of all defendants (Ohio Rev. Code § 2315.33).
- The statute of limitations for personal injury in Ohio is generally two years (Ohio Rev. Code § 2305.10).
- Ohio's Landlord-Tenant Act requires a landlord to return a security deposit within 30 days with an itemized list; wrongful withholding can trigger double damages and attorney fees (Ohio Rev. Code § 5321.16).
- Ohio courts apply the Ohio Rules of Civil Procedure and Evidence, which are close to but not identical to the federal rules.
Worked example
P has $100,000 in damages from a car crash. A jury finds P 30% at fault and D 70% at fault. Reasoning: Under Ohio's modified comparative fault, P's recovery is reduced by P's share: $100,000 × 70% = $70,000. If the jury had found P 60% at fault, P would recover nothing because P's fault exceeds D's 40%. The Ohio rule is not pure comparative fault, and it is not a complete contributory-negligence bar.
Traps
- Applying pure comparative fault and awarding damages despite a plaintiff majority.
- Missing the two-year personal-injury limitations period.
- Treating the security-deposit deadline as 14 or 60 days.
- Using federal procedural rules in an Ohio state-court question.