Ohio Comparative Negligence Calculator (51% Bar)

Ohio only cuts you off once your fault exceeds everyone else's combined — including people you never even named in your lawsuit.

Modified comparative negligence, 51% bar FigureMyTax Editorial Team Free · no sign-up

Where does your fault percentage land?

Enter your estimated damages and your best estimate of your own share of fault. In Ohio, exactly where you land relative to 50% and 51% changes everything.

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Injured in Ohio?

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Ohio's rule: barred only when you exceed everyone else combined

Under ORC § 2315.33, the contributory fault of a plaintiff does not bar recovery as long as it was not greater than the combined tortious conduct of all other persons from whom the plaintiff seeks recovery, and of all other persons from whom the plaintiff does not seek recovery in the action. Damages are reduced in proportion to the plaintiff's own fault — but only once that fault actually exceeds 50% of the total does recovery get barred entirely.

A genuinely distinctive detail: non-parties count too

Ohio's statute explicitly includes the fault of people the plaintiff isn't even suing in the comparison. This means a plaintiff's own fault percentage is weighed against literally everyone who contributed to the injury — named defendants and unnamed, un-sued parties alike — not simply against whichever specific individuals happen to be named in the lawsuit.

The 50/51 distinction, precisely

A claimant found exactly 50% at fault still recovers half of their damages under Ohio's rule, because their fault was not greater than everyone else's combined. A claimant found 51% at fault recovers nothing at all.

Worked example

Someone with $100,000 in damages, found 20% at fault, recovers $80,000. That same person, found 50% at fault instead, still recovers $50,000. Found at 51%, that same person recovers nothing at all.

A separate damages cap worth knowing

Beyond the fault-percentage bar itself, Ohio generally applies a statutory cap on non-economic damages (pain and suffering) in most personal injury cases, under ORC § 2315.18 — a distinct limitation from the comparative fault analysis, but one that can affect the total recovery in a given case regardless of fault percentage.

Ohio comparative negligence — frequently asked questions

Does Ohio use a 50% or 51% bar for comparative negligence?

A 51% bar. Under ORC 2315.33, a plaintiff's contributory fault does not bar recovery as long as it was not greater than the combined fault of everyone else involved.

What happens if I'm found 51% at fault in Ohio?

You recover nothing. Ohio bars recovery entirely once the claimant's fault exceeds the combined fault of all other parties.

Does Ohio compare my fault only against the people I'm suing?

No, and this is genuinely distinctive. ORC 2315.33 compares the plaintiff's fault against the combined fault of all other persons, including those the plaintiff does not seek recovery from in the action.

Is there a cap on damages in Ohio personal injury cases?

Yes. Ohio generally applies a statutory cap on non-economic damages in most personal injury cases under ORC 2315.18, separate from the comparative fault analysis itself.

Does Ohio have a no-fault threshold for car accidents?

No. Ohio imposes no no-fault threshold, so an injured person may generally pursue a full negligence claim without a minimum injury severity requirement.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Ohio statute (ORC § 2315.33, § 2315.18) verified per our methodology. Confirm how these rules apply to a specific claim with a licensed Ohio attorney before acting.