Ohio law gives you the right to pursue legal action if someone damages your property. Although suing a neighbor or community member may feel uncomfortable, property damage claims are typically handled and paid by the at-fault party’s insurance company and not the individual directly.
However, there is a deadline for filing suit, also known as the statute of limitations. States enforce statutes of limitation for a few reasons—they help protect the quality of evidence, prevent potential defendants from being threatened with lawsuits indefinitely, and encourage the speedy resolution of civil disputes.
This means you need to act fast to preserve your legal options. Consulting with an attorney can simplify the legal process and improve your chances of recovering the full value of your losses. At Lawrence & Associates Accident and Injury Lawyers, LLC, our skilled attorneys have 20 years of experience helping Ohio residents exercise their rights and get back the money they deserve.
What Is the Statute of Limitations for Property Damage in Ohio?
The statute of limitations in Ohio for lawsuits over damage to personal property, such as vehicles, personal belongings, and other items, is two years. That means you must file your lawsuit within two years from the date of the injury, as referenced in Ohio Revised Code § 2305.10. Some limited exceptions may apply, depending on the circumstances of your case.
Damage to real property, or land and its improvements, has a longer statute of limitations of four years, as stated in Ohio Revised Code § 2305.09. Exceptions may apply, like in the case of faulty construction.
Two or four years may seem like a long time, but in the aftermath of serious property damage, it can go by quickly. Working with a lawyer can help you meet the filing deadline for property damage in Ohio.
Real Property vs. Personal Property Damage
Real property refers to land and anything permanently attached to it like plants, buildings, and other improvements. Personal property refers to anything else you can own, from cars to clothes to pets, as well as intangible assets such as stocks and bonds.
For example, a fence on your property would likely fall under the category of real property as an improvement, but a yard sculpture placed in front of it would be considered personal property. An enclosure to hold animals on your land is real property, but the animals themselves are considered personal property.
If your property suffers a fire or is hit by a major storm, like a tornado or a hailstorm, you may have both real property damage and personal property damage covered by a fire damage claim or storm damage claim. Consulting with an attorney can help you understand your losses and choose how you want to recover them.
Nuances and Exceptions
While the Ohio statutes of limitations for property damage apply in most cases, there are a few exceptions:
- If the defendant is a minor, the statute of limitations starts on their 18th birthday.
- If the defendant has a mental disability or illness and is ruled incapable of defending themselves, the statute of limitations doesn’t start until the disability is removed. [https://codes.ohio.gov/ohio-revised-code/section-2305.16]
- If the defendant leaves the state or can’t be located inside the state, the statute of limitations may pause.
- If the defendant is incarcerated, their time in state custody won’t count towards the statute of limitations. https://codes.ohio.gov/ohio-revised-code/section-2305.15
Additional exceptions may apply. Speak with a qualified property damage attorney to learn how exactly the statute of limitations applies to your case.
Construction Cases
If you’re pursuing a claim for property damage caused by faulty construction, it may fall under the four-year statute of limitations for real property damage or under the timeline for a breach of contract claim. In Ohio, the statute of limitations for breach of contract is four years for a verbal contract and six years for a written contract.
Construction-related property damage claims also face another hurdle: Ohio’s statute of repose. Unlike a statute of limitations, which starts when damage is discovered, the statute of repose begins at the time of substantial completion of the improvement. In most cases, you must file a claim within 10 years of that date. Depending on the circumstances, your contractor may also be entitled to notice of the alleged defect.
Ohio construction laws can be complex, especially when it comes to damage caused by negligent contractors or architects. If your home has suffered water or storm-related damage, consulting an attorney can help you understand your legal options and next steps.
When Does the Clock Start?
For most property damage cases, the statute of limitations starts on the day the damage occurs. For instance, if your home sustained hail damage, you’d have four years from the date of the storm to file a lawsuit. Some limited exceptions may also apply in the case of damage to real property from fraud or underground trespass. https://codes.ohio.gov/ohio-revised-code/section-2305.09
An experienced property damage attorney can help you understand how the statute of limitations applies to your property damage lawsuit in Ohio.
What Happens if You Miss the Deadline?
You may feel overwhelmed cleaning up after property damage and find yourself up against the deadline. If you don’t file a lawsuit within the statute of limitations, your legal case will likely be dismissed, and you may be out of luck when it comes to recovering compensation through the court system.
That’s why it’s so important to talk to an attorney promptly after property damage happens—even if you’re on the fence about filing a lawsuit now, you’ll help preserve your right to do so in the future. Just consulting with an attorney doesn’t obligate you to take any action.
How a Property Damage Attorney Can Help
Ohio property damage law is complex, especially concerning the statute of limitations. A knowledgeable attorney can help you understand how Ohio law applies to your particular situation, answer your questions about property damage, educate you on your options, and advocate for your legal rights.
When you consult with a lawyer, they’ll evaluate your case to calculate all possible losses, who the responsible party is, and the best legal strategy to pursue. A lawyer can also negotiate with both insurance companies and the responsible party. Many property damage victims successfully settle their claims out of court.
If you choose to pursue your case before a judge, an Ohio attorney can help you navigate the legal system to pursue a successful outcome. Each state and county has its own legal quirks, so find a local lawyer who understands your community.
Get Assistance With Your Property Damage Claim From Lawrence & Associates
You have a right to recover compensation, but the time limit for property damage claims in Ohio is strict. After that time expires, you may not be able to recover your losses through legal action.
Our law firm takes pride in helping Cincinnati renters, homeowners, and business owners get the money they deserve after property damage. We provide you with the resources you need to take legal action, whether that action means sitting down with the insurance companies or choosing to file a lawsuit.
At Lawrence & Associates Accident and Injury Lawyers, LLC, we understand the challenges you’re facing and are here to support you every step of the way. Our experienced Ohio property damage attorneys can guide you on what to do—and what to avoid—when building a strong case.
Call us today at (513) 951-6723 for a free, confidential consultation or fill out our online form to get started. Let us be your trusted partner for your family’s recovery journey.
