Feb 20, 2013

Watch Where You Step: Recent Eighth District Appellate Court Opinion Highlights Important Distinctions in Ohio's Political Subdivision Immunity Statute

Alert | Public Entity Law Alert

A recent Ohio Appellate Court decision from the Eighth District highlights important distinctions to consider in any litigation matter that involves a political subdivision. In Ohio, a political subdivision is entitled to immunity; however, that immunity is not absolute. The Ohio Revised Code sets forth a three-tiered analysis that courts utilize to determine whether a political subdivision may be held liable in a tort action. Under the first tier, a political subdivision is immune from tort liability in the performance of a governmental or proprietary function. However, the second tier removes that immunity if an injury, loss or death occurs in one of an enumerated set of circumstances. Finally, the third tier provides a number of defenses that a political subdivision may assert to defeat a tort claim.

For the full text, printable version of this Alert, click here.

Please contact any of the following Roetzel attorneys for further information:

Bradley A. Wright
330.849.6629 | bwright@ralaw.com

Bradley L. Snyder
614.723.2002 | bsnyder@ralaw.com

Stephen T. Persia
330.849.6753 | spersia@ralaw.com

Brian J. Augustine
513.361.8282 | baugustine@ralaw.com

Christopher E. Cotter
330.849.6756 | ccotter@ralaw.com

Tiffany M. Sovik
330.849.6607 | tsovik@ralaw.com

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