You can sue the government in Ohio, in limited ways. Claims against the State go to the Ohio Court of Claims and are generally due within 2 years (R.C. 2743.16(A)). Cities, counties and townships, including Columbus, are immune except as R.C. 2744.02(B) provides, and the deadline to sue them is generally 2 years (R.C. 2744.04(A)).
This page provides general information, not legal advice about your matter. Contacting the firm does not create an attorney-client relationship.
Three governments, three sets of rules
- The State and state agencies: the Court of Claims, in Columbus. Civil claims against the State there are tried to a judge, not a jury (R.C. 2743.11).
- Cities, counties, townships and school districts: common pleas court, with the immunity rules in R.C. Chapter 2744.
- Federal agencies: an administrative claim in writing, generally within 2 years (28 U.S.C. 2401(b)), before any lawsuit, and then a bench trial in federal court (28 U.S.C. 2402).
Where local immunity gives way
R.C. 2744.02(B) lists exceptions, including negligent operation of a motor vehicle by employees engaged within the scope of their employment and authority, negligent work in a proprietary function, and negligent failure to keep public roads in repair. Each has defenses of its own, so the facts have to fit precisely. An order denying immunity can be appealed right away, which can add a round to the case.
Get the records first
Crash reports, maintenance logs, 911 audio and video are public records in many cases. A request made early can show which exception applies. See public records before a lawsuit.
Logs and video on a retention schedule? Ask for them now: 614-944-5151.
When the claim is constitutional
Excessive force, false arrest and similar violations by officials are usually federal civil rights claims, with their own rules. See civil rights.
Why clients hire us
- We prepare claims against public bodies to be tried, because immunity motions are won with facts.
- We identify which government, which court and which clock before anything else.
- Records requests go out early, so the immunity exception is chosen from the evidence.
- We plan for the immediate immunity appeal.
FAQ
Can I sue the City of Columbus?
Sometimes. Cities are immune from many claims, but R.C. 2744.02(B) lists exceptions, such as negligent driving by a city employee acting within the scope of employment, and suits are generally due within 2 years.
How long do I have to sue the State of Ohio?
Generally 2 years from accrual, or a shorter period that would apply between private parties, under R.C. 2743.16(A).
What is the Ohio Court of Claims?
It is the court in Columbus that hears civil claims against the State of Ohio and its agencies.
What are the exceptions to governmental immunity in Ohio?
The statute names a short list: employee driving, proprietary functions, road repair and a few others in R.C. 2744.02(B). Each comes with defenses the government will raise.
Is there a jury in the Court of Claims?
No, not for claims against the State. R.C. 2743.11 says claimants are not entitled to a jury trial in their civil action against the State.
Can I sue a federal agency in Ohio?
Yes, for many injury claims under the Federal Tort Claims Act. You must first present a written claim to the agency, generally within 2 years, and FTCA cases are tried to a judge.
Should I request public records before I sue?
Often, yes. Records such as reports, logs and video can show whether an immunity exception applies.
Some claims are due in less than 2 years. Call now.
Call 614-944-5151 with the date of the incident, or tell us which agency was involved.
Related
Jeckering & Associates, LLC · Columbus office: 10 N High St, Suite 301, Columbus, OH 43215 · 614-944-5151 · Mechanicsburg office: 16 S Main St, Mechanicsburg, OH 43044 · 937-896-2222 · staff@centralohiolegal.com · Hours Mon–Fri 9:00 AM–5:30 PM