Personal Injury Claims Against Public Entities in Ohio: A Complete Guide

Experiencing an injury from an accident can be incredibly stressful, especially when the responsible party is a government agency. It’s understandable to feel lost and frustrated as you navigate this challenging situation. You may be dealing with serious injuries and mounting medical bills while simultaneously facing a wall of bureaucracy. A personal injury claim against a public entity—whether it's a city, a county, or a state agency like the Ohio Department of Transportation (ODOT)—is not like a typical case against a private citizen or company. The rules are different, the deadlines are stricter, and it’s natural to feel like the odds are stacked against you from the very beginning.

This feeling of complexity is valid, as special laws are in place to shield the government from liability. You are not alone. Each year, the Ohio State Highway Patrol reports over a thousand traffic crashes involving publicly owned vehicles. This figure doesn't even account for slip-and-falls in government buildings or other non-traffic-related incidents. Each of those accidents represents a potential government lawsuit complicated by the doctrine of sovereign immunity. In this guide, we will break down these complex rules in simple, accessible terms to help you understand your rights and learn how to navigate the challenging process of suing the state or another Ohio public entity.

Understanding the Challenge of a Personal Injury Claim Against a Public Entity in Ohio

Filing a personal injury lawsuit against the government is fundamentally different from suing a private individual. The law grants governmental bodies a layer of protection that private citizens do not enjoy. This concept, known as sovereign immunity, is the primary hurdle you will face.

What Exactly is a Public Entity in Ohio?

Before diving into the legal complexities, it's important to identify what qualifies as a "public entity" or, in the language of Ohio law, a "political subdivision." These are not just state-level agencies. The term is quite broad and can include a wide range of government bodies, such as:

State agencies: The Ohio Department of Transportation (ODOT), state universities, and state-run hospitals.
Counties: County commissioners, sheriff's departments, county road maintenance crews.
Municipal corporations: Cities, towns, and villages (e.g., the City of Cleveland, the Village of Granville).
Townships: Township trustees and their employees.
School districts: Public elementary, middle, and high schools.
Special districts: Park districts, library districts, and public transit authorities like the Greater Cleveland Regional Transit Authority (RTA).

If your injury was caused by the negligence of an employee or a hazardous condition on the property of any of these entities, your case will fall under the special rules for government lawsuits.

The Core Obstacle: Sovereign Immunity and Its Exceptions

The central legal principle governing a personal injury claim against a government body is sovereign immunity. This is an ancient legal doctrine, inherited from British common law, that originally held that the "king can do no wrong" and therefore could not be sued without his consent.

In modern America, this principle has evolved. Ohio, like most states, has passed laws that modify this absolute immunity. The Ohio Political Subdivision Tort Liability Act, found in Chapter 2744 of the Ohio Revised Code, is the controlling statute. It starts with the assumption that political subdivisions are immune from liability for injuries they cause. However, it then carves out specific exceptions where that immunity is waived.

Your ability to bring a successful government lawsuit hinges entirely on whether your case fits into one of these legislatively created exceptions. If it doesn't, your case will likely be dismissed before it ever gets to a jury.

Navigating the Complexities of Sovereign Immunity in an Ohio Government Lawsuit

Successfully suing the state or another public entity requires a deep understanding of how Ohio law pierces the shield of immunity. It’s not a straightforward process; it’s a three-tiered analysis that courts undertake.

First, the court confirms the general rule of immunity. Second, it checks if your claim fits into one of five specific exceptions that waive immunity. Third, even if an exception applies, the court checks if the government can reassert immunity using one of several listed defenses. It’s a complex back-and-forth that requires skilled legal navigation.

The General Rule: Why You Can't Just Sue the State

Ohio Revised Code § 2744.02(A)(1) explicitly states that, as a general rule, "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."

This is the starting point. It means if you slip and fall in a government building or are hit by a city-owned vehicle, the government's default position is that it is not responsible. To win your case, your personal injury attorney must prove that a specific exception applies.

Key Exceptions to Governmental Immunity

Ohio law provides five key exceptions where a public entity can be held liable. The most common ones encountered in personal injury cases are:

Proprietary vs. Governmental Functions

Ohio law distinguishes between two types of activities a public entity performs: governmental and proprietary.

Governmental functions are tasks that are historically or traditionally performed by the government and are not typically engaged in by private businesses. Examples include operating a police force, running a court system, maintaining public roads, or passing legislation. Immunity is strong for these functions.
Proprietary functions are activities that a private business could, and often does, perform. This includes operating public utilities (like a water service), maintaining a municipal parking garage, or running a city-owned golf course. Immunity is waived for negligence related to proprietary functions.

If you are injured at a city-owned convention center that is operated like a for-profit business, for instance, it is more likely to be considered a proprietary function, and you may be able to file a claim. However, if you are injured due to a police officer's decision-making during an emergency response (a governmental function), it is much harder to overcome immunity.

Negligent Operation of Motor Vehicles

This is one of the most significant exceptions. Government immunity is waived for injuries or death caused by the negligent operation of a motor vehicle by a government employee. This means if you are hit by a city bus, a police car on a non-emergency call, a public school bus, or a municipal maintenance truck, you can file a personal injury lawsuit in Ohio just as you would against a private driver.

Important Note: This exception does not apply if the employee was responding to an emergency call and their actions were not willful or wanton. For example, a police officer speeding through an intersection with lights and sirens on the way to a crime scene is given more legal protection than a city worker running a stop sign in a government pickup truck.

Dangers on Public Property

Public entities have a duty to keep their public roads, highways, streets, bridges, and culverts open, in good repair, and free from "nuisance." If the government fails in this duty and it causes your injury, immunity is waived. This can include:

Dangerous potholes that cause a motorcycle or car accident.
Malfunctioning traffic signals that lead to a collision.
Public sidewalks that are dangerously uneven or broken.

This exception also applies to the negligent failure to keep government-owned buildings—like courthouses, libraries, or administrative offices—safe for visitors. This is similar to a standard premises liability claim, such as a slip and fall caused by a wet floor with no warning sign.

Other Specific Statutory Waivers

The law also waives immunity in a few other specific situations, including injuries caused by a "nuisance" on government property or when a specific Ohio law expressly imposes liability on the political subdivision. These are less common but can be applicable in certain unique cases.

The Procedural Hurdles of Filing a Personal Injury Claim Against a Public Entity in Ohio

Even if your claim fits neatly into an exception to sovereign immunity, you are not in the clear. You must still follow strict procedural rules that are unique to claims against a public entity. Failure to follow these rules can result in your valid claim being thrown out on a technicality.

Strict Deadlines: A Shorter Window for Your Personal Injury Claim

In a typical personal injury case in Ohio against a private party, you generally have two years from the date of the injury to file a lawsuit. This is known as the statute of limitations.

However, the timeline for a government lawsuit can be different and is often complicated by notice requirements. While the general two-year statute of limitations for bodily injury still applies, some scenarios involving specific entities or types of claims can have shorter or different timeframes. For instance, claims against the State of Ohio in the Court of Claims have their own specific statute of limitations. This is a critical area where an experienced personal injury lawyer is essential to ensure you do not miss a deadline.

The Notice of Claim Requirement

In many jurisdictions, before you can file a lawsuit against the government, you must first provide a formal "Notice of Claim." This document officially informs the government entity of your intent to sue and provides details about the incident, your injuries, and the damages you are seeking.

While Ohio's state-level statute (R.C. 2744) does not have a universal, mandatory pre-lawsuit notice requirement for all political subdivisions, some specific entities or municipal charters may impose their own. Furthermore, if you are suing the State of Ohio directly in the Ohio Court of Claims (as opposed to a local city or county), there are very specific procedural rules that must be followed. Failing to file the correct documents in the right court at the right time can be fatal to your claim.

Where to File Your Government Lawsuit

Where you file your lawsuit depends on which public entity you are suing.

Claims against political subdivisions (cities, counties, school districts, etc.) are typically filed in the Court of Common Pleas in the county where the injury occurred.
Claims against the State of Ohio and its agencies (like ODOT or a state university) must be filed in a special court: the Ohio Court of Claims in Columbus. This court has its own unique rules and procedures.

Filing in the wrong court is a common and costly mistake that can lead to your case being dismissed.

Building a Strong Case: Why You Need an Experienced Personal injury Attorney in Ohio

Given the layers of immunity, complex exceptions, and procedural traps, attempting to handle a personal injury claim against a government entity on your own is exceptionally risky. A seasoned personal injury attorney who has experience with these specific types of cases is indispensable.

Gathering Evidence in a Claim Against a Public Entity

Evidence is key to any personal injury case, but it's especially important when suing the government. Your attorney will know how to use formal legal processes, like public records requests and discovery, to obtain essential evidence that might be in the government's possession, such as:

Maintenance logs for a road or government building.
Dash-cam or body-cam footage from police vehicles.
Internal incident reports.
Employee training manuals and records.
Records of prior complaints about the same hazard.

Proving Negligence and Causation

Your attorney's primary job is to build a compelling case that proves four elements:

Duty: The public entity owed you a duty of care (e.g., the duty to maintain a safe roadway).
Breach: The entity breached that duty through a negligent act or omission (e.g., failing to repair a large pothole they knew about).
Causation: This breach directly caused your injuries.
Damages: You suffered quantifiable harm (medical bills, lost wages, pain and suffering).

In the context of a government lawsuit, this also involves masterfully arguing why sovereign immunity does not apply to your specific set of facts.

Damage Caps and Limitations in Ohio

It is also important to know that even if you win your case, Ohio law may limit the amount of compensation you can receive. For most personal injury cases, Ohio law caps non-economic damages (like pain and suffering) at $250,000 or three times the economic damages, with a maximum of $350,000 per person.

In lawsuits against political subdivisions, these caps generally apply. An attorney can help you understand how these caps might affect your case and work to maximize your recovery within the legal limits.

Common Examples of Personal Injury Claims Against Public Entities

These complex rules play out in real-world scenarios every day. Some common examples of personal injury cases that may be brought against a public entity in Ohio include:

Accidents Involving City Buses or Government Vehicles: A commuter is injured when a public transit bus driver runs a red light.
Slip and Fall Injuries on Government Property: A visitor to a county courthouse slips on a recently mopped floor that had no "wet floor" sign, breaking their hip.
Injuries Caused by Poorly Maintained Roads or Public Parks: A cyclist hits a deep, unmarked pothole on a city street and is thrown from their bike, suffering serious injuries. Or, a child is injured on broken playground equipment in a public park that the city had been notified about but failed to repair.

In each of these situations, the victim's ability to recover damages depends on successfully navigating the sovereign immunity exceptions and procedural requirements detailed above.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

If you have been injured in an accident involving a government entity in Ohio, you cannot afford to wait. The laws are complex, the deadlines are strict, and the government will have experienced attorneys defending its interests from day one. You need an advocate on your side who understands the system and is prepared to fight for you.

At Brandon J. Broderick, Attorney at Law, we have the experience and dedication to handle the unique challenges of a personal injury claim against a public entity. We will investigate your case, determine if an exception to sovereign immunity applies, and handle all the complex procedural requirements so you can focus on your recovery.

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