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OH HB279

Bill

Status

Engrossed

6/25/2021

Primary Sponsor

Richard Brown

Click for details

Origin

House of Representatives

134th General Assembly (2021-2022)

AI Summary

Substitute House Bill 279 Summary

  • Amends Ohio wrongful death law to establish a two-year deadline for "other next of kin" to file a written notice of claim with probate court to remain interested persons in settlement proceedings; after two years, other next of kin are no longer interested persons unless they filed notice.

  • Prohibits parents who abandoned a minor child from receiving benefits in wrongful death actions, defining abandonment as failure to communicate, care for, or provide support for at least one year prior to the child's death.

  • Clarifies that surviving spouses, children, and parents of a decedent are rebuttably presumed to have suffered damages and are always interested persons entitled to notice in wrongful death claims.

  • Maintains the two-year statute of limitations for wrongful death claims generally, with exceptions for product liability claims which have a ten-year limit from product delivery with additional exceptions for fraud, extended warranties, and exposure-based claims.

  • Allows evidence of surviving spouse's remarriage and cost of annuities to be considered by juries or courts when determining damages for future losses in wrongful death actions.

Legislative Description

Regards wrongful death claims

Courts and Civil Law

Last Action

Concurred in Senate amendments

12/14/2022

Committee Referrals

Judiciary9/8/2021
Civil Justice5/4/2021

Full Bill Text

No bill text available