OH: Why Assault and Malpractice Get Half the Time

Two of Ohio's most common injury claim types both get cut to just one year — and a 2026 bill could change things for one of them.

Assault and battery: a distinctly shorter one-year window

Under ORC § 2305.111(B), an action for assault or battery must generally be brought within one year after the cause of action accrues — half the two-year general rule that covers ordinary negligence-based injuries. Ohio courts have applied this one-year period even when a plaintiff tries to frame the same underlying conduct as ordinary negligence, holding that the essential character of an intentional, offensive touching governs regardless of how the claim is pleaded.

A real exception for childhood sexual abuse

Ohio law carves out a genuinely different, much longer period for claims involving childhood sexual abuse. Under ORC § 2305.111(C), such a claim generally may be brought within twelve years after the cause of action accrues — and accrual itself is tied to the victim reaching the age of majority, not to the date of the abuse.

A genuinely current, pending change to watch

As of April 2026, Ohio lawmakers introduced Senate Bill 421, a bipartisan proposal that would extend the civil statute of limitations for claims involving certain sex offenses from one year to five years. Sponsors have argued that a one-year window is often too short for survivors to process an assault and decide whether to pursue a civil claim. As of this writing, this bill has been introduced but has not yet been enacted into law — the one-year period under ORC § 2305.111(B) remains current law for now, and anyone affected should confirm the bill's status with an attorney given how actively it's being discussed.

Medical malpractice: another one-year rule, with real tolling options

Medical malpractice claims generally carry their own one-year deadline under ORC § 2305.113, rather than the two-year general rule. This period can be tolled while the patient-physician relationship for the condition at issue is ongoing, or extended under a discovery-based analysis when the injury wasn't immediately apparent — genuinely important nuances given how short the base period is.

A real outer limit for products and construction

Separately from these accrual-based deadlines, Ohio law generally sets a 10-year statute of repose — an absolute outer limit — running from a product's delivery to its first purchaser, or from the completion of construction for a building defect claim, regardless of when the injury is actually discovered.

Ohio discovery rule & tolling — frequently asked questions

Why do assault and battery claims get only one year in Ohio?

ORC 2305.111(B) specifically sets a one-year deadline for assault or battery, distinct from the two-year general rule that governs ordinary negligence-based injuries under ORC 2305.10.

Is there an exception for childhood sexual abuse claims?

Yes. Under ORC 2305.111(C), a claim for assault or battery based on childhood sexual abuse generally may be brought within twelve years after the cause of action accrues, which accrues upon the victim reaching the age of majority.

Is there a pending change to Ohio's one-year deadline for adult sexual assault survivors?

As of April 2026, a bill (SB 421) was introduced in the Ohio legislature to extend the civil statute of limitations for claims involving certain sex offenses from one year to five years. As of this writing, it has not yet been enacted into law.

Why does medical malpractice get only one year instead of two?

ORC 2305.113 sets a distinct, shorter one-year period for medical malpractice, though it can be tolled while the patient-physician relationship for the condition at issue continues, or until the injury is discovered.

How does Ohio's statute of repose work for product liability and construction defects?

Beyond the regular filing deadline, Ohio law generally sets a 10-year outer limit from the product's delivery to the first purchaser, or from completion of construction, regardless of when the injury is discovered.

This page provides general guidance only and is not legal advice. Figures are based on Ohio statute (ORC § 2305.10, § 2305.111, § 2305.113) and pending legislation current as of early 2026, verified per our methodology. Pending bills can change before becoming law. Confirm with a licensed Ohio attorney before acting.