Chapter 3715 | Pure Food and Drug Law. Such persons not yet born need not be served by publication. 2125 (CC) "Regular basis" means on a frequent or recurring basis. 524(g), or other applicable provision of law and that are formed for the purpose of compensating claimants asserting eligible asbestos claims. (E) The remedies provided in this section are not exclusive and do not preclude the use of any other criminal or civil remedy for any act that is in violation of section 2913.401 of the Revised Code. The cap will be bumped up (b) Liquidated damages in whichever of the following amounts is greater: (ii) Three times the value of the property at the time it was willfully damaged or was the subject of a theft offense, irrespective of whether the property is recovered by way of replevin or otherwise, is destroyed or otherwise damaged, is modified or otherwise altered, or is resalable at its full market price. (3) "Organization" has the same meaning as in section 2901.23 of the Revised Code. A person who brings a civil action pursuant to division (A) of section 2307.60 of the Revised Code to recover damages from any person who caused injury to person or property by a violation of division (B), (D), or (E) of section 2913.49 of the Revised Code may recover damages up to five thousand dollars for each violation or three times the amount of actual damages, whichever is greater, and reasonable attorney's fees. When a next friend is insolvent the court, on motion, may require security for such costs. (ii) If the exposed person has a chest x-ray showing small, irregular opacities (s, t) graded by a certified B-reader as only a 1/0 on the ILO scale, then in order to establish that the exposed person has asbestosis, rather than solely chronic obstructive pulmonary disease, that is a substantial contributing factor to the exposed person's physical impairment the plaintiff must establish that the exposed person has both of the following: (II) A total lung capacity, by plethysmography or timed gas dilution, below the predicted lower limit of normal. (1) "Emotionally dependent" means that the emotional condition of a mental health client or patient of a mental health professional and the treatment provided by the mental health professional to the client or patient are of such a nature that the mental health professional knows or has reason to know that the client or patient is unable to withhold consent to one or more of the following: (a) Engaging in sexual conduct with the mental health professional; (b) Having sexual contact with the mental health professional or having sexual contact caused by the mental health professional with one or more other persons. Prior to service of the complaint, the court shall conduct an ex parte hearing in a timely manner to determine whether sufficient cause exists to require that the confidentiality of the movant be maintained in the civil action. (B) A woman upon whom an abortion is purposely performed or induced or purposely attempted to be performed or induced, or the father of the unborn child who was the subject of such an abortion, in violation of division (E) of section 2919.201 of the Revised Code, has and may commence a civil action for compensatory damages, punitive or exemplary damages if authorized by section 2315.21 of the Revised Code, and court costs and reasonable attorney's fees against the person who purposely performed or induced or purposely attempted to perform or induce the abortion in violation of division (E) of section 2919.201 of the Revised Code. (A) Sections 4517.01, 4517.02, and 4517.03 to 4517.45 of the Revised Code do not apply to a person auctioning classic motor vehicles, provided all of the following apply: (1) The person is responsible for not more than four auctions of classic motor vehicles per year, with no auction lasting more than two days; The concept of negligence per se allows a plaintiff to prove the first two prongs of the negligence test, duty and breach of duty, simply by showing that the defendant committed or omitted a specific act prohibited or required by statute. (A) For purposes of section 2305.10 and sections 2307.92 to 2307.95 of the Revised Code, "bodily injury caused by exposure to asbestos" means physical impairment of the exposed person, to which the person's exposure to asbestos is a substantial contributing factor. (F) This section applies to all silicosis claims and mixed dust disease claims commenced on or after the effective date of this section or commenced prior to and pending on the effective date of this section. (E) If a property owner whose property was willfully damaged or was the subject of a theft offense serves a written demand for payment upon a person who willfully damaged the property or committed the theft offense and if the person, within thirty days after the date of service of the demand upon the person, enters into an agreement with the property owner for the payment of the amount specified in the demand but does not make that payment in accordance with the agreement, the time between the entering of the agreement and the failure to make that payment shall not be computed as any part of the period within which a civil action based on the willful property damage or theft offense must be brought under the Revised Code. Ohio Revised Code (A) In any civil action based on or related to any injury, death, or loss to person or property suffered as a result of the performance or inducement of an abortion or suffered as a result of an attempt to perform or induce an abortion, the woman upon whom the abortion was allegedly performed, induced, or attempted, at the time of the filing of the complaint in the civil action, may file a motion with the court requesting that her identity only be revealed to the defendant and to the court and that in all other respects the civil action be conducted in a manner that maintains her confidentiality. (D) "Asbestos trust claim" means any claim for compensation by an exposed person or the exposed person's representative against any asbestos trust. To rebut this presumption, the plaintiff must prove by a preponderance of the evidence that the premises owner knew or should have known that the levels of silica or mixed dust in the immediate breathing zone of the plaintiff regularly exceeded the threshold limit values adopted by this state and that the premises owner allowed that condition to persist. (i) The person is required to perform the work on the premises of the other contracting party. Section 4701.16 (C)(1) Except as otherwise provided in division (C)(2) of this section, the cumulative successor asbestos-related liabilities of a corporation shall be limited to either of the following: (a) In the case of a corporation that is a successor in a stock purchase or an asset purchase, the fair market value of the acquired stock or assets of the transferor, as determined on the effective date of the stock or asset purchase; (b) In the case of a corporation that is a successor in a merger or consolidation, the fair market value of the total gross assets of the transferor, as determined on the effective date of the merger or consolidation. Any plaintiff whose case has been administratively dismissed under this division may move to reinstate the plaintiff's case if the plaintiff makes a prima-facie showing that meets the minimum requirements specified in division (B), (C), or (D) of section 2307.92 of the Revised Code. For oral contracts, effective June 14, 2021, the amended Ohio Revised Code 2305.07(A) requires parties to assert breach of contracts claims within four (4) years after the cause of action accrues. The ten-year latency period described in this division is a rebuttable presumption, and the plaintiff has the burden of proof to rebut the presumption. (2) "Established safety standard" means that, for the years after 1971, the concentration of asbestos in the breathing zone of a worker does not exceed the maximum allowable exposure limits for the eight-hour time-weighted average airborne concentration as promulgated by the occupational safety and health administration (OSHA) in effect at the time of the alleged exposure. Neglected child defined - failure to provide medical or surgical care for religious reasons. Code Section. (2) "Frivolous conduct" has the same meaning as in section 2323.51 of the Revised Code. (2) If the recipient of an electronic mail advertisement uses the procedure contained in the notice described in division (B)(1)(b) of this section to decline to receive any additional electronic mail advertisements, the person that transmitted or caused to be transmitted the original electronic mail advertisement, within a reasonable period of time, shall cease transmitting or causing to be transmitted to the receiving address any additional electronic mail advertisements. Section 3767.13 | Prohibited acts. In the civil action, the plaintiffs may recover all of the following: (1) Full compensatory damages, including, but not limited to, damages for the mental suffering and anguish incurred by the plaintiffs, damages for the loss of society of the minor, and, if applicable, damages for the loss of the minor's services and damages for expenses incurred by the plaintiffs in locating or recovering the minor; (C) In a civil action brought pursuant to this section, the trier of fact may determine that the minor was the victim of a child stealing crime and that the defendant committed the crime, regardless of whether the defendant has been convicted of or pleaded guilty to a child stealing crime. (GG) "Substantial occupational exposure to asbestos" means employment for a cumulative period of at least five years in an industry and an occupation in which, for a substantial portion of a normal work year for that occupation, the exposed person did any of the following: (2) Fabricated asbestos-containing products so that the person was exposed to raw asbestos fibers in the fabrication process; (3) Altered, repaired, or otherwise worked with an asbestos-containing product in a manner that exposed the person on a regular basis to asbestos fibers; (4) Worked in close proximity to other workers engaged in any of the activities described in division (GG)(1), (2), or (3) of this section in a manner that exposed the person on a regular basis to asbestos fibers. 201-300cc-15, as amended. (10) "Person" has the same meaning as in division (C) of section 1.59 of the Revised Code and also includes governmental entities. Chapter 3717 | Retail Food Establishments; Food Service Operations. 2006 Ohio Revised Code - 1303.49. Section 5322.01 | Storage facility definitions. Statute of Repose/Statute of Limitations Ohio law also provides for a statute of repose/limitation for a product liability actions under Ohio Revised Code 2305.10. (D) "Board-certified oncologist" means a medical doctor who is currently certified by the American board of internal medicine in the subspecialty of medical oncology. Ohio Revised Code (1) "Residence" has the same meaning as in section 2901.05 of the Revised Code. (M) "Civil action" means all suits or claims of a civil nature in a state or federal court, whether cognizable as cases at law or in equity or admiralty. N/A. (L) "Lung cancer" means a malignant tumor in which the primary site of origin of the cancer is inside the lungs. Section 2901.04 | Rules of construction for statutes and rules of procedure. Section 2113.22 | Proceedings against former executor or administrator. In determining whether exposure to a particular defendant's silica or mixed dust was a substantial factor in causing the plaintiff's injury or loss, the trier of fact in the action shall consider, without limitation, all of the following: (1) The manner in which the plaintiff was exposed to the defendant's silica or mixed dust; (2) The proximity of the defendant's silica or mixed dust to the plaintiff when the exposure to the defendant's silica or mixed dust occurred; (3) The frequency and length of the plaintiff's exposure to the defendant's silica or mixed dust; (4) Any factors that mitigated or enhanced the plaintiff's exposure to silica or mixed dust. (1) "Children's advocacy center" and "sexual abuse of a child" have the same meanings as in The title of the action. (B) The sum of the percentages of tortious conduct as determined pursuant to division (A) of this section shall equal one hundred per cent. Section 2315.21. Pursuant to ORC 1302.98, a civil lawsuit for a breach of contract for sale of goods must be brought within FOUR YEARS from the date of the cause of action.. Contract in Writing. (R) "Lung cancer" means a malignant tumor in which the primary site of origin of the cancer is inside the lungs, but that term does not include mesothelioma. Nothing in this section limits or otherwise affects the liabilities imposed on a general partner of a limited partnership. "Mixed dust disease claim" includes a claim made by or on behalf of any person who has been exposed to mixed dust, or any representative, spouse, parent, child, or other relative of that person, for injury, including mental or emotional injury, death, or loss to person, risk of disease or other injury, costs of medical monitoring or surveillance, or any other effects on the person's health that are caused by the person's exposure to mixed dust. A parent and the parent's minor child are jointly and severally liable as specified in this division for the injury or loss to person or property caused by the minor child's act committed in violation of section 2909.05, 2927.11, or 2927.12 of the Revised Code. "Compensation" does not include bail, fines, or court costs. "Silicosis claim" includes a claim made by or on behalf of any person who has been exposed to silica, or any representative, spouse, parent, child, or other relative of that person, for injury, including mental or emotional injury, death, or loss to person, risk of disease or other injury, costs of medical monitoring or surveillance, or any other effects on the person's health that are caused by the person's exposure to silica. (2) The limitations set forth in division (C) of this section do not apply to any of the following: (a) Workers' compensation benefits that are paid by or on behalf of an employer to an employee pursuant to any provision of Chapter 4121., 4123., 4127., or 4131. of the Revised Code or comparable workers' compensation law of another jurisdiction; (b) Any claim against a successor that does not constitute a claim for a successor asbestos-related liability; (c) Any obligations arising under the "National Labor Relations Act," 49 Stat. Action upon a legal malpractice claim. Ohio Shortens Statute of Limitations for Claims Nothing in this section limits or otherwise affects the liabilities imposed on a general partner of a limited partnership. (4) "Violation" means a violation of section 959.16 of the Revised Code or an attempt, in violation of section 2923.02 of the Revised Code, to violate section 959.16 of the Revised Code. That prima-facie showing shall include all of the following minimum requirements: (a) A diagnosis by a competent medical authority that exposure to asbestos was a substantial contributing factor to the death of the exposed person; (b) Evidence that is sufficient to demonstrate that at least ten years have elapsed from the date of the deceased exposed person's first exposure to asbestos until the date of diagnosis or death of the deceased exposed person. In that action, the electronic mail service provider may recover the following: (1)(a) Fifty dollars for each violation of division (C) of this section, not to exceed fifty thousand dollars; (b) If a violation of division (C) of this section is a willful or knowing violation, the court may increase the amount recoverable to an amount not to exceed five hundred thousand dollars. Section 3767.13 | Prohibited acts. WebOhio's "Strict Liability" Dog Bite Statute. (B) A plaintiff in a tort action who alleges any injury or loss to person resulting from exposure to asbestos has the burden of proving that the plaintiff was exposed to asbestos that was manufactured, supplied, installed, or used by the defendant in the action and that the plaintiff's exposure to the defendant's asbestos was a substantial factor in causing the plaintiff's injury or loss. (G) In addition to any recovery that is allowed under division (E) or (F) of this section, the recipient of an electronic mail advertisement transmitted in violation of division (B) of this section or the electronic mail service provider of an advertisement transmitted in violation of division (C) of this section may apply to the court of common pleas of the county in which the recipient resides or the service provider is located for an order enjoining the person who transmitted or caused to be transmitted that electronic mail advertisement from transmitting or causing to be transmitted to the recipient any additional electronic mail advertisement. (T) "Nonmalignant condition" means a condition that is caused or may be caused by asbestos other than a diagnosed cancer. Section 4723.43 | Scope of specialized nursing services. (A) Nothing in sections 2307.84 to 2307.90 of the Revised Code is intended to do, and nothing in any of those sections is interpreted to do, either of the following: (1) Affect the rights of any party in bankruptcy proceedings; (2) Affect the ability of any person who is able to make a showing that the person satisfies the claim criteria for compensable claims or demands under a trust established pursuant to a plan of reorganization under Chapter 11 of the United States Bankruptcy Code, 11 U.S.C. Web(A) Sections 4511.01 to 4511.18, 4511.20 to 4511.78, 4511.99, and 4513.01 to 4513.37 of the Revised Code do not apply to persons, teams, motor vehicles, and other equipment while actually engaged in work upon the surface of a highway within an area designated by traffic control devices, but apply to such persons and vehicles when traveling to or from such (E) "Board-certified internist" means a medical doctor who is currently certified by the American board of internal medicine. Expand All An action for professional negligence against a registered surveyor shall be commenced within four years after the completion of the engagement on which the cause of action is based. (C) The monetary limitation upon compensatory damages set forth in section 3109.09 or 3109.10 of the Revised Code does not apply to a civil action brought pursuant to division (A) or (B) of this section. |. Chapter 3714 | Construction And Demolition Debris. (5)(a) "Successor asbestos-related liabilities" means any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, if the liabilities are related in any way to asbestos claims and either of the following applies: (i) The liabilities are assumed or incurred by a successor as a result of or in connection with an asset purchase, stock purchase, merger, consolidation, or agreement providing for an asset purchase, stock purchase, merger, or consolidation, including a plan of merger. (3) A diagnosis by a competent medical authority, based on a medical examination and pulmonary function testing of the exposed person, that all of the following apply to the exposed person: (i) The exposed person has asbestosis or diffuse pleural thickening, based at a minimum on radiological or pathological evidence of asbestosis or radiological evidence of diffuse pleural thickening. |. (s) The other contracting party has a right to discharge the individual. As in other negligence actions, to prevail in a premises liability lawsuit you must generally prove that: PDF: Download Authenticated PDF "Fiduciary," as used in Chapters 2101. to 2131. of the Revised Code, fiduciary shall account to the trust for any loss of interest that is found by the court to be due to the fiduciary's negligence. The defendant in the case shall be afforded a reasonable opportunity, upon the defendant's motion, to challenge the adequacy of the proffered prima-facie evidence of the physical impairment for failure to comply with the minimum requirements specified in division (B), (C), or (D) of section 2307.85 or division (B), (C), or (D) of section 2307.86 of the Revised Code, whichever is applicable. If there is no judgment for the injury or loss to person or property or the wrongful death against the tortfeasor seeking contribution, that tortfeasor's right of contribution is barred unless either of the following applies: (A) That tortfeasor has discharged by payment the common liability within the statute of limitations period applicable to the claimant's right of action against that tortfeasor and has commenced that tortfeasor's action for contribution within one year after the payment. (b) "Residence" has the same meaning as in section 2901.05 of the Revised Code. B. (1) "Administrative costs" includes the costs of written demands for payment and associated postage under division (A)(2) of this section. Section 2901.08 | Effect of adjudication of delinquency or juvenile traffic offender. Supreme Court of Ohio
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