The bill amends various sections of the Revised Code to increase the caps on noneconomic and punitive damages in civil actions. It raises the maximum recoverable amounts for noneconomic loss from $250,000 to $415,000 and for total damages from $350,000 to $580,000 for each plaintiff, with an overall cap of $830,000 per occurrence. Additionally, the bill introduces a mechanism for the Department of Taxation to adjust these caps annually based on the consumer price index, ensuring that the limits remain aligned with inflation. It also clarifies the court's jurisdiction regarding punitive damages, specifying that they cannot exceed the adjusted amounts and establishing criteria for determining punitive damages in product liability claims.
Moreover, the bill outlines a bifurcated trial process for tort actions, requiring juries to first determine compensatory damages before considering punitive damages, and mandates that punitive damages be based on clear and convincing evidence of malice or egregious fraud. It removes the previous cap on noneconomic damages in medical, dental, optometric, or chiropractic claims, allowing for unlimited recovery in severe injury cases, while setting new limits for noneconomic damages at $415,000 or three times the plaintiff's economic loss. The bill also specifies that punitive damages cannot be awarded against political subdivisions and requires annual adjustments to damage limits based on the consumer price index, aiming to provide clearer guidelines and enhance the predictability of damage awards in tort actions.
Statutes affected: As Introduced: 2305.01, 2307.80, 2315.18, 2315.21, 2323.43, 2744.05, 3345.40