§ 2315.19 Effect of contributory negligence or implied assumption of risk.
(A)(1) Contributory negligence or implied assumption of the risk of the complainant or of the person for whom the complainant is legal representative may be asserted as an affirmative defense to a negligence claim.
(2) Contributory negligence or implied assumption of the risk of a person does not bar the person or his legal representative as complainant from recovering damages that have directly and proximately resulted from the negligence of one or more other persons, if the contributory negligence or implied assumption of the risk of the complainant or of the person for whom he is legal representative was no greater than the combined negligence of all other persons from whom the complainant seeks recovery. However, any compensatory damages recoverable by the complainant shall be diminished by an amount that is proportionately equal to the percentage of negligence or implied assumption of the risk of the complainant or of the person for whom he is legal representative, which percentage is determined pursuant to division (B) of this section. This section does not apply to actions described in section 4113.03 of the Revised Code.
(B) If contributory negligence or implied assumption of the risk is asserted and established as an affirmative defense to a negligence claim, the court in a nonjury action shall make findings of fact, and the jury in a jury action shall return a general verdict accompanied by answers to interrogatories, that shall specify the following:
(1) The total amount of the compensatory damages that would have been recoverable on that negligence claim but for the negligence or implied assumption of the risk of the complainant or the person for whom he is legal representative;
(2) The portion of the compensatory damages specified under division (B)(1) of this section that represents economic loss;
(3) The portion of the compensatory damages specified under division (B)(1) of this section that represents noneconomic loss;
(4) The percentage of negligence or implied assumption of the risk that directly and proximately caused the injury, death, or loss to person or property, in relation to one hundred per cent, that is attributable to the complainant or the person for whom he is legal representative, and the percentage of negligence that directly and proximately caused the injury, death, or loss to person or property, in relation to one hundred per cent, that is attributable to each party to the action from whom the complainant seeks recovery. If the court or jury must determine percentages of negligence under this division for two or more parties from whom the complainant seeks recovery and an issue of vicarious liability, including, but not limited to, liability of a principal or master for the negligent actions or omissions of an agent or servant, exists relative to those parties, then, for purposes of determining such percentages, the court in a nonjury action shall determine, or the jury in a jury action pursuant to an instruction from the court shall determine, that the parties in question are to be treated as a single party to the extent that any vicarious liability is determined to exist relative to those parties.
(C) After the court makes its findings of fact or after the jury returns its general verdict accompanied by answers to interrogatories as described in division (B) of this section, the court shall diminish the total amount of the compensatory damages that would have been recoverable by an amount that is proportionately equal to the percentage of negligence or implied assumption of the risk that is attributable to the complainant or the person for whom he is legal representative, which percentage was determined pursuant to division (B) of this section. If the percentage of the negligence or implied assumption of the risk that is attributable to the complainant or the person for whom he is legal representative is greater than the total of the percentages of the negligence that is attributable to all parties from whom the complainant seeks recovery, which percentages were determined pursuant to division (B) of this section, the court shall enter judgment in favor of those parties.
(D)(1) If contributory negligence or implied assumption of the risk is asserted as an affirmative defense to a negligence claim, if it is determined that the complainant or the person for whom he is legal representative was contributorily negligent or impliedly assumed a risk and that such contributory negligence or implied assumption of the risk was a direct and proximate cause of the injury, death, or loss to person or property in question, and if the complainant is entitled to recover compensatory damages pursuant to this section from more than one party, then, after it makes findings of fact or after the jury returns its general verdict accompanied by answers to interrogatories as described in division (B) of this section, the court shall enter a judgment that is in favor of the complainant and that states all of the following:
(a) Proportionate shares of the portion of the compensatory damages that represents noneconomic loss for each party against whom the judgment is entered and for the complainant or the person for whom he is legal representative, which shares shall be computed by multiplying the portion of the compensatory damages that represents noneconomic loss as determined pursuant to division (B)(3) of this section by the respective percentages of negligence or implied assumption of the risk as determined pursuant to division (B)(4) of this section;
(b) In relation to the portion of the compensatory damages that represents noneconomic loss as determined pursuant to division (B)(3) of this section, each party against whom the judgment is entered is liable to the complainant only for the proportionate share of that party as described in division (D)(1)(a) of this section;
(c) In relation to the portion of the compensatory damages that represents economic loss as determined pursuant to division (B)(2) of this section, each party against whom the judgment is entered is jointly and severally liable to the complainant for the entire amount of economic loss for which the complainant is entitled to judgment as determined pursuant to divisions (B)(2) and (C) of this section.
(2) Sections 2307.31 and 2307.32 of the Revised Code apply in relation to the portion of the compensatory damages that represents economic loss and for which joint and several liability attaches under division (D)(1)(c) of this section.
(E) As used in this section:
(1) "Economic loss" means any of the following types of pecuniary harm:
(a) All wages, salaries, or other compensation lost as a result of an injury, death, or loss to person or property that is a subject of a negligence claim;
(b) All expenditures for medical care or treatment, rehabilitation services, or other care, treatment, services, products, or accommodations as a result of an injury, death, or loss to person or property that is a subject of a negligence claim;
(c) Any other expenditures incurred as a result of an injury, death, or loss to person or property that is a subject of a negligence claim.
(2) "Negligence claim" means a civil action for damages for injury, death, or loss to person or property to the extent that such damages are sought or recovered based on allegation or proof of negligence.
(3) "Noneconomic loss" means nonpecuniary harm that results from an injury, death, or loss to person or property that is a subject of a negligence claim, including, but not limited to, pain and suffering, loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education, mental anguish, and any other intangible loss.