OH Bar study materials
OH Bar study resources

OH Bar: Torts

OH Bar · Work through your exam, one topic at a time.

All guide sections

Torts

Torts tests civil wrongs and compensation: negligence, intentional torts, strict liability, products liability, defamation, and privacy. Ohio tort law adds comparative fault and specific statutes of limitations that can decide a case before the merits.

Core rules

  • Negligence requires duty, breach, actual cause, proximate cause, and damages.
  • A landowner's duty depends on the entrant's status at common law; Ohio has modified some categories, so check the call.
  • Strict liability applies to abnormally dangerous activities and defective products; foreseeability and causation still matter.
  • Defamation requires a false statement of fact, publication, fault, and harm to reputation; public plaintiffs need actual malice.

Worked example

D texts while driving and strikes P, a pedestrian, causing a broken leg. Reasoning: D owes P a duty of reasonable care because drivers must exercise care to foreseeable pedestrians. Texting while driving breaches that duty. Actual cause is satisfied because P would not have been hit but for D's distraction; proximate cause is satisfied because pedestrian injuries are a foreseeable result of inattentive driving. P can recover compensatory damages, reduced by P's comparative fault if any. Punitive damages require more than negligence in most jurisdictions.

Traps

  • Treating proximate cause as the same as actual cause.
  • Assuming the eggshell-plaintiff rule cuts off recovery.
  • Applying strict liability to a products case without a defect.
  • Missing the economic-loss rule in negligence.