Ohio § 2307.011

§ 2307.011.

As used in Chapters 2307. and 2315. of the Revised Code: (A) “ Conduct ” means actions or omissions. (B) “ Contributory fault ” means contributory negligence, other contributory tortious conduct, or, except as

provided with respect to product liability claims in section 2307.711 of the Revised Code , express or implied assumption of the risk. (C) “ Economic loss ” means any of the following types of pecuniary harm: (1) All wages, salaries, or other compensation lost as a result of an injury, death,

or loss to person or property that is a subject of a tort action, including wages,

salaries, or other compensation lost as of the date of a judgment and future expected

lost earnings; (2) All expenditures for medical care or treatment, rehabilitation services, or other

care, treatment, services, products, or accommodations incurred as a result of an

injury, death, or loss to person that is a subject of a tort action, including expenditures

for those purposes that were incurred as of the date of a judgment and expenditures

for those purposes that, in the determination of the trier of fact, will be incurred

in the future because of the injury, whether paid by the injured person or by another

person on behalf of the injured person; (3) All expenditures of a person whose property was injured or destroyed or of another

person on behalf of the person whose property was injured or destroyed in order to

repair or replace the property; (4) Any other expenditures incurred as a result of an injury, death, or loss to person

or property that is a subject of a tort action, except expenditures of the injured

person, the person whose property was injured or destroyed, or another person on behalf

of the injured person or the person whose property was injured or destroyed in relation

to the actual preparation or presentation of the claim involved. (D) “ Intentional tort claim ” means a claim alleging that a tortfeasor intentionally caused or intentionally contributed

to the injury or loss to person or property or the wrongful death or that a tortfeasor

knew or believed that the injury or loss to person or property or the wrongful death

was substantially certain to result from the tortfeasor's conduct.  As used in sections 2307.22 , 2307.711 , and 2315.32 of the Revised Code , “intentional tort claim” does not include an intentional tort claim alleged by an

employee or the employee's legal representative against the employee's employer and

that arises from the tortfeasor's conduct that occurs on premises owned, leased, or

supervised by the employer. (E) “ Noneconomic loss ” means nonpecuniary harm that results from an injury, death, or loss to person that

is a subject of a tort action, including, but not limited to, pain and suffering;

 loss of society, consortium, companionship, care, assistance, attention, protection,

advice, guidance, counsel, instruction, training, or education;  mental anguish;  and

any other intangible loss. (F) “Person” has the same meaning as in division (C) of section 1.59 of the Revised Code and additionally includes a political subdivision and the state. (G) “ Persons from whom the plaintiff does not seek recovery in this action ” includes, but is not limited to, the following: (1) Persons who have entered into a settlement agreement with the plaintiff; (2) Persons whom the plaintiff has dismissed from the tort action without prejudice; (3) Persons whom the plaintiff has dismissed from the tort action with prejudice; (4) Persons who are not a party to the tort action whether or not that person was or

could have been a party to the tort action if the name of the person has been disclosed

prior to trial. (H) “ Plaintiff ” includes the person for whom the plaintiff is legal representative. (I) “ Political subdivision ” and “ state ” have the same meanings as in section 2744.01 of the Revised Code . (J) “ Tort action ” means a civil action for damages for injury, death, or loss to person or property.

“ Tort action ” includes a product liability claim, as defined in section 2307.71 of the Revised Code , and an asbestos claim, as defined in section 2307.91 of the Revised Code , but does not include a civil action for damages for a breach of contract or another

agreement between persons. (K) “ Trier of fact ” means the jury or, in a nonjury action, the court.