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.
Ohio Rev. Code Ann. § 2315.33
Contributory fault effect on right to recover
Applied in 4 court decisions — leading case 607 F. Supp. 2d 840 - Byers v. Lincoln Electric Co. (2009)
Most recently applied in 799 F. Supp. 2d 102 - In Re Game Tracker, Inc. (July 2011)
Effective: April 7, 2005; Latest Legislation: Senate Bill 80 - 125th General Assembly
Official source: Ohio Laws & Administrative Rules (Legislative Service Commission). Reproduced from public-domain Ohio statutes; confirm against the official source for the current text. Not legal advice.