Legal Question in Civil Litigation in Ohio

Civi Procedure

What is the statute of limitations for negligence in the state of Ohio.

Asked on 10/01/08, 10:10 pm

1 Answer from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Re: Civi Procedure

Dear Inquirer:

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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Answered on 10/02/08, 8:20 am

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