What is the statute of limitations for negligence in the state of Ohio.
Answered on: 10/02/08, 8:20 am by J. Norman Stark
Re: Civi Procedure
STATUTES OF LIMITATIONS - By definition, statutes of limitations are specific landmark dates, or “deadlines”, by which an act or legal action must be initiated, or it will be forever barred at law. Other deadlines missed may merely impose fines or penalties for lateness. Ominous though it may sound, such cutoffs, including response dates, are essential to an orderly business society and economy, and necessary to provide finality and closure to certain events and claims. Such limitations must not be confused with specific, mandatory filing deadlines for income tax returns, and auto and driver’s license renewals, each of which may carry only monetary penalties for lateness.
Statutes of limitation, like aircraft landings, are mandatory. Some of the most common limitations include:
Notice of Construction Claim – Contract Terms
Demand for Arbitration – Contract Terms
Constr.Defects (After Damage Ensues) 4yrs.
Constr.Defects (After Completion) - Claims Against Archts, Engrs., Contractors 15 yrs.
Notice of Furnishing, Miller Act Liens 21 days
Mechanic’s Liens, Ohio statutes 75 days
Mech. Liens, Residential 60 days
Answer to Complaint: Federal Court 20 days
State Court 28 days
Appeal from Judgment or Order 30 days
Zoning Appeals 30 days
Complaint for Injunctive Relief 7 days
Summary Judgment Motions 30 days
Probate Claims Against Estate 1 year
Malpractice/Professional Negligence 1 year
Wrongful Death Claims 1 year
Motions for Relief from Judgment 1 year
Personal Injury, Property Damage 2 yrs.
Worker’s Compensation Claims 2 yrs.
Occupational Disease Claims 6 mo.
Negligence 4 yrs.
Tort Claims 4 yrs.
Oral Contract Claims 6 yrs.
Written Contract Claims 15 yrs.
In some limited instances, there may be an express statutory savings clause, providing that where the filing deadline occurs on a weekend or holiday, such filing will be permitted on the next regular business day.
Good luck. Sincerely, J. Norman Stark
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J. Norman Stark , Attorney, Architect 17000 St. Clair Aveue Cleveland, OH 44110-2535► Other answers from this attorney