Ohio § 2305.131
Full text of Ohio Ohio Revised Code § 2305.131, with citation guidance and answers to common questions.
§ 2305.131.
(A)(1) Notwithstanding an otherwise applicable period of limitations specified in this chapter
or in section 2125.02 of the Revised Code and except as otherwise provided in divisions (A)(2), (A)(3), (C), and (D) of this
section, no cause of action to recover damages for bodily injury, an injury to real
or personal property, or wrongful death that arises out of a defective and unsafe
condition of an improvement to real property and no cause of action for contribution
or indemnity for damages sustained as a result of bodily injury, an injury to real
or personal property, or wrongful death that arises out of a defective and unsafe
condition of an improvement to real property shall accrue against a person who performed
services for the improvement to real property or a person who furnished the design,
planning, supervision of construction, or construction of the improvement to real
property later than ten years from the date of substantial completion of such improvement. (2) Notwithstanding an otherwise applicable period of limitations specified in this chapter
or in section 2125.02 of the Revised Code , a claimant who discovers a defective and unsafe condition of an improvement to real
property during the ten-year period specified in division (A)(1) of this section but
less than two years prior to the expiration of that period may commence a civil action
to recover damages as described in that division within two years from the date of
the discovery of that defective and unsafe condition. (3) Notwithstanding an otherwise applicable period of limitations specified in this chapter
or in section 2125.02 of the Revised Code , if a cause of action that arises out of a defective and unsafe condition of an improvement
to real property accrues during the ten-year period specified in division (A)(1) of
this section and the plaintiff cannot commence an action during that period due to
a disability described in section 2305.16 of the Revised Code , the plaintiff may commence a civil action to recover damages as described in that
division within two years from the removal of that disability. (B) Division (A) of this section does not apply to a civil action commenced against a
person who is an owner of, tenant of, landlord of, or other person in possession and
control of an improvement to real property and who is in actual possession and control
of the improvement to real property at the time that the defective and unsafe condition
of the improvement to real property constitutes the proximate cause of the bodily
injury, injury to real or personal property, or wrongful death that is the subject
matter of the civil action. (C) Division (A)(1) of this section is not available as an affirmative defense to a defendant
in a civil action described in that division if the defendant engages in fraud in
regard to furnishing the design, planning, supervision of construction, or construction
of an improvement to real property or in regard to any relevant fact or other information
that pertains to the act or omission constituting the alleged basis of the bodily
injury, injury to real or personal property, or wrongful death or to the defective
and unsafe condition of the improvement to real property. (D) Division (A)(1) of this section does not prohibit the commencement of a civil action
for damages against a person who has expressly warranted or guaranteed an improvement
to real property for a period longer than the period described in division (A)(1)
of this section and whose warranty or guarantee has not expired as of the time of
the alleged bodily injury, injury to real or personal property, or wrongful death
in accordance with the terms of that warranty or guarantee. (E) This section does not create a new cause of action or substantive legal right against
any person resulting from the design, planning, supervision of construction, or construction
of an improvement to real property. (F) This section shall be considered to be purely remedial in operation and shall be
applied in a remedial manner in any civil action commenced on or after the effective
date of this section, in which this section is relevant, regardless of when the cause
of action accrued and notwithstanding any other section of the Revised Code or prior
rule of law of this state, but shall not be construed to apply to any civil action
pending prior to the effective date of this section. (G) As used in this section, “ substantial completion ” means the date the improvement to real property is first used by the owner or tenant
of the real property or when the real property is first available for use after having
the improvement completed in accordance with the contract or agreement covering the
improvement, including any agreed changes to the contract or agreement, whichever
occurs first.
Frequently Asked Questions About Ohio § 2305.131
What does Ohio Revised Code § 2305.131 cover?
Section 2305.131 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 2305.131?
A common citation format is "Ohio Revised Code § 2305.131" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 2305.131 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.