Ohio § 2744.02

§ 2744.02.

(A)(1) For the purposes of this chapter, the functions of political subdivisions are hereby

classified as governmental functions and proprietary functions.  Except as provided in division (B) of this section, a political subdivision is not

liable in damages in a civil action for injury, death, or loss to person or property

allegedly caused by any act or omission of the political subdivision or an employee

of the political subdivision in connection with a governmental or proprietary function. (2) The defenses and immunities conferred under this chapter apply in connection with

all governmental and proprietary functions performed by a political subdivision and

its employees, whether performed on behalf of that political subdivision or on behalf

of another political subdivision. (3) Subject to statutory limitations upon their monetary jurisdiction, the courts of

common pleas, the municipal courts, and the county courts have jurisdiction to hear

and determine civil actions governed by or brought pursuant to this chapter. (B) Subject to sections 2744.03 and 2744.05 of the Revised Code , a political subdivision is liable in damages in a civil action for injury, death,

or loss to person or property allegedly caused by an act or omission of the political

subdivision or of any of its employees in connection with a governmental or proprietary

function, as follows: (1) Except as otherwise provided in this division, political subdivisions are liable

for injury, death, or loss to person or property caused by the negligent operation

of any motor vehicle by their employees when the employees are engaged within the

scope of their employment and authority.  The following are full defenses to that liability: (a) A member of a municipal corporation police department or any other police agency

was operating a motor vehicle while responding to an emergency call and the operation

of the vehicle did not constitute willful or wanton misconduct; (b) A member of a municipal corporation fire department or any other firefighting agency

was operating a motor vehicle while engaged in duty at a fire, proceeding toward a

place where a fire is in progress or is believed to be in progress, or answering any

other emergency alarm and the operation of the vehicle did not constitute willful

or wanton misconduct; (c) A member of an emergency medical service owned or operated by a political subdivision

was operating a motor vehicle while responding to or completing a call for emergency

medical care or treatment, the member was holding a valid commercial driver's license

issued pursuant to Chapter 4506. or a driver's license issued pursuant to Chapter

4507. of the Revised Code, the operation of the vehicle did not constitute willful

or wanton misconduct, and the operation complies with the precautions of section 4511.03 of the Revised Code . (2) Except as otherwise provided in sections 3314.07 and 3746.24 of the Revised Code , political subdivisions are liable for injury, death, or loss to person or property

caused by the negligent performance of acts by their employees with respect to proprietary

functions of the political subdivisions. (3) Except as otherwise provided in section 3746.24 of the Revised Code , political subdivisions are liable for injury, death, or loss to person or property

caused by their negligent failure to keep public roads in repair and other negligent

failure to remove obstructions from public roads, except that it is a full defense

to that liability, when a bridge within a municipal corporation is involved, that

the municipal corporation does not have the responsibility for maintaining or inspecting

the bridge. (4) Except as otherwise provided in section 3746.24 of the Revised Code , political subdivisions are liable for injury, death, or loss to person or property

that is caused by the negligence of their employees and that occurs within or on the

grounds of, and is due to physical defects within or on the grounds of, buildings

that are used in connection with the performance of a governmental function, including,

but not limited to, office buildings and courthouses, but not including jails, places

of juvenile detention, workhouses, or any other detention facility, as defined in section 2921.01 of the Revised Code . (5) In addition to the circumstances described in divisions (B)(1) to (4) of this section,

a political subdivision is liable for injury, death, or loss to person or property

when civil liability is expressly imposed upon the political subdivision by a section

of the Revised Code, including, but not limited to, sections 2743.02 and 5591.37 of the Revised Code .  Civil liability shall not be construed to exist under another section of the Revised

Code merely because that section imposes a responsibility or mandatory duty upon a

political subdivision, because that section provides for a criminal penalty, because

of a general authorization in that section that a political subdivision may sue and

be sued, or because that section uses the term “ shall ” in a provision pertaining to a political subdivision. (C) An order that denies a political subdivision or an employee of a political subdivision

the benefit of an alleged immunity from liability as provided in this chapter or any

other provision of the law is a final order.