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Legislation Update

Bill seeks changes in civil litigation laws

Tort Reform Bill
Sub. S. B. 80
Sponsors: Senators Stivers, Hottinger, Goodman, Wachtmann, Amstutz, Randy Gardner, Austria, Nein, Schuring, Armbruster, Coughlin, Carey, Harris, Mumper, Schuler

Torts are civil wrongs recognized by law as grounds for a lawsuit. According to the Legal Information Institute of Cornell University, these wrongs result in an injury or harm constituting the basis for a legal claim by the injured party. The primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms. Among the types of damages the injured party may recover are loss of earnings capacity, pain and suffering and reasonable medical expenses. They include both present and future expected losses. There are numerous specific torts including trespass, assault, battery, negligence, product liability and intentional infliction of emotional distress.

S.B. 80 would reform tort law in Ohio. The bill sets a cap of $100,000 for punitive damage awards and sets a cap on noneconomic ("pain and suffering") damage awards. It also permits juries that are setting damage awards to be informed of plaintiffs’ insurance and compensation benefits. Other provisions establish a time limit on filing product liability lawsuits and empower judges to end frivolous legal conduct.

Also, the legislation creates a consumer’s bill of rights to help people find an attorney, and it addresses the fees that lawyers can receive.

Two parts of the bill are designed to offer protection to agriculture. One protects owners of "you-pick" operations from certain liability concerns. Another addresses liability for landowners that have property adjacent to parks and bike trails.

"We think this bill does a number of things that not only helps the agricultural community but also the business community at large," said Deering Dyer, OFBF’s director of local affairs.

The bill has passed the Senate, but as of press time, was still awaiting committee referral in the House. Dyer said Gov. Bob Taft has expressed interest in signing the legislation.

Dyer encourages Farm Bureau members to let their House members know that S.B. 80 is worthy of a fair debate. "As you see your representatives this summer at the county fair or as they’re out in the district, encourage their support and tell them Farm Bureau believes this is a fair bill and deserves to be passed."

 
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