AIA Hails Passage of Ohio Tort Reform Bill

The American Insurance Association praised the Ohio General Assembly’s passage of a comprehensive tort reform package aimed at improving the state’s legal system. The measure, Senate Bill 80, is expected to be signed by Gov. Bob Taft, a Republican.

“Passing tort reform is a win for all Ohioans because it helps bring fairness and predictability to the civil liability system,” said Sean McManamy, AIA assistant vice president, Midwest region. “We commend the efforts of the Ohio Alliance for Civil Justice, without whom this achievement could not have been realized.”

Senate Bill 80 is a comprehensive tort reform measure that provides for numerous improvements to Ohio’s legal structure. In addition to placing a $500,000 cap on so called “pain-and-suffering” awards in non-catastrophic cases, the bill gives judges broader authority to review non-economic damage awards for catastrophic injuries.

It also includes caps on punitive damages, establishes a statute of repose at ten years for certain product liability claims, modifies the state’s collateral source rule and establishes a provision to permit evidence of non-use of seat belts to mitigate non-economic damages. The bill does not limit a plaintiff’s ability to collect compensation for lost wages, medical or other out-of-pocket expenses.

“With the passage of SB 80, citizens of Ohio maintain all their legal rights to sue as well as to be compensated for acts of negligence. These reforms will create a more balanced and stable civil legal system for both consumers and businesses,” added McManamy.