Ohio Revised Code section 2744 exempts governmental entities from many areas of tort liability when engaged in a governmental function. The Ohio Supreme Court has recently ruled county agricultural societies are governmental entities. (See Greene County Agricultural Society v. Liming (2000), 89 Ohio St.3d 551.) Currently, ORC 2744 allows for a 2 year statute of limitations for claims to be brought against a political subdivision.

ORC 2744 provides for a doctrine of comparative negligence, wherein the assessment of liability is based on the degree of negligence. Collateral sources (other insurance) are used as a deduction in the calculation of a judgment against a political subdivision or its employees. Additionally, political subdivisions are not required to pay for judgments other wise collectible from co-defendants (joint and several liability).

©2002 The Ohio Fair Plan After5Design