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★ Ohio · fracture

Fracture settlements
in Ohio.

By Reviewed by Abd Shanti, Founder9 min read

Ohio fall cases are hard to win. A $1.3 million verdict for a restaurant customer was thrown out because there was no proof the owner knew of the hazard, and a shopper with a knee fracture lost because the display she tripped on was in plain view.

Facts that decide a fracture claim in Ohio

Notice of the hazardA business is liable for a slip only if it created the hazard or knew or should have known of it; without evidence of constructive notice the verdict cannot stand.Trout v. Shani DEV8 (Ohio Ct. App. 2025)
Open and obviousAn owner owes no duty to warn of a hazard a person would see by looking, such as a floor display in a well lit store.Lumsden v. True North Holdings (Ohio Ct. App. 2024)
Fault ruleContributory fault does not bar recovery “if the contributory fault of the plaintiff was not greater than the combined tortious conduct of all other persons”; damages are reduced by that share.R.C. 2315.33, as quoted in Crumb v. Leafguard (Ohio Ct. App. 2020)
Deadline to sue“An action for bodily injury ... shall be brought within two years after the cause of action accrues”; car crash claims accrue on the day of the crash.R.C. 2305.10(A), as quoted in Fong v. Faires (Ohio Ct. App. 2025)
Claims against local governmentNo notice rule; sue within 2 years; noneconomic damages capped at $250,000 unless the injury is permanent and severe.R.C. 2744.04, 2744.05, in the MyClaimWorth notice of claim chart
united states · sister site
Your fracture claim in Ohio. See the number for your own case.

FairSettlement gives you a free estimate for your own fracture case in about two minutes, no cost and no obligation.

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★ OH · reported fracture outcomes

What Ohio courts have awarded.

Real Ohio decisions and verdicts, each linked to the court record or official report.

  • Trout v. Shani DEV8
    Ohio Court of Appeals · 2025
    $1,300,000 verdict reversed

    Cheryl Trout slipped and fell in a Mr. Hero restaurant in Brook Park while walking back to the counter for food she had just ordered. The jury found the owner negligent and awarded $1,300,000 in noneconomic damages. The Court of Appeals held she presented no evidence of constructive notice of the hazard and reversed the denial of judgment notwithstanding the verdict.

  • Lumsden v. True North Holdings
    Ohio Court of Appeals · 2024
    Summary judgment for store affirmed

    At a Youngstown gas station store, Lumsden rushed toward a newly opened register and tripped over a display, falling to her knees; she later learned she had a hairline fracture and a torn meniscus that needed surgery. She admitted the store was well lit and she would have seen the display had she looked down. The court held the display was open and obvious and affirmed judgment for the store, with one judge dissenting.

  • Dozier v. Indian Hills Healthcare Group
    Ohio Court of Appeals · 2026
    Directed verdict for nursing home affirmed

    A nursing home resident who used a cane and later a walker fell in his room in May 2020, fractured his hip and died in June; the death certificate listed failure to thrive with a recent hip fracture. His daughter sued, but the trial court directed a verdict for the facility and the Court of Appeals affirmed.

★ OH · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Ohio.

  1. 1

    Notice is where store falls are won or lost. Trout convinced a jury but lost the $1.3 million award because nothing showed how long the hazard had been there.

  2. 2

    Video can decide open and obvious cases. The store camera in Lumsden showed her rushing, and her own testimony about the lighting ended the claim.

  3. 3

    Nursing home fall cases need expert proof of what care would have prevented the fall; Dozier’s claim ended on a directed verdict.

★ OH · statute of limitations
2 years from date of injury

Ohio Rev. Code § 2305.10

★ OH · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ OH · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in Ohio.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How Ohio's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Ohio · you are hereModified comparative, 51% bar2 years from date of injury—
South DakotaSlight versus gross negligence3 years from date of injurySD · fracture →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · fracture →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · fracture →
IndianaModified comparative, 51% bar2 years from date of injuryIN · fracture →
IowaModified comparative, 51% bar2 years from date of injuryIA · fracture →
KansasModified comparative, 50% bar2 years from date of injuryKS · fracture →
OklahomaModified comparative, 51% bar2 years from date of injuryOK · fracture →
OregonModified comparative, 51% bar2 years from date of injuryOR · fracture →
PennsylvaniaModified comparative, 51% bar2 years from date of injuryPA · fracture →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · fracture →
Rhode IslandPure comparative negligence3 years from date of injuryRI · fracture →
TennesseeModified comparative, 50% bar1 year from date of injury, among the shortest in the USTN · fracture →
★ OH · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt in a car crash in Ohio? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

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Sources

Checked 2026-09-29.

★ all of OH
Ohio overview

Fault rule, statute, caps, and key facts for Ohio as a whole.

★ national frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Ohio. See /methodology, /sources, and /disclaimer.