Ohio Supreme Court Summary Shows Decline in Tort and Product Liability Filings

The number of new product liability lawsuits filed in Ohio in 2006 fell to the lowest level in at least seven years, the Ohio Supreme Court has reported. Also at the lowest point since 2000 were the number of filings seeking damages as a result of alleged malpractice on the part of a doctor or other professional, and filings in a residual category that includes such matters as automobile accidents.

The report said there were 3,214,462 new cases filed last year, a two percent increase over the combined tally for 2005. The 2006 total, however, was below the 3.4 million new case number recorded in 2002. County, municipal, and common pleas courts all recorded caseload increases last year. Filings declined in the Court of Claims, courts of appeal, and the Ohio Supreme Court. The summary showed 348 product liability cases were filed in common pleas courts during 2006. By comparison, 928 were filed in 2005. The unusually high 2005 total was believed to reflect an attempt to file cases before new limits on damage awards and other restrictions the General Assembly enacted went into effect.

Those caps and other provisions of the legislation are currently under challenge in the Supreme Court. Justices heard oral arguments Tuesday in separate cases that target bills enacted in 2004 to limit jury awards in personal injury lawsuits and manage nearly 40,000 pending lawsuits over exposure to asbestos. There were 1,502 professional tort cases filed in 2006. Such litigation involves allegations of malpractice by a person acting in a professional capacity such as a doctor, lawyer, or engineer.