Premises Liability Funding in Ohio

Ohio Premises Liability Funding

Pre-settlement funding for Ohio premises liability claims. The open-and-obvious doctrine, negligent security foreseeability, and damages caps explained.

Non-recourse funding is repaid only from a settlement or award. Independent capital providers set the terms.

Bills do not wait for your case.

Rent, medical bills and living costs keep arriving while a case moves through the court. An advance against a pending case can cover them and is repaid only if the case produces a recovery.

Ohio law and funding terms: Premises Liability Funding

The Ohio rules that shape this claim

The rules below shape how a Ohio premises liability funding claim is underwritten and how quickly it can move toward resolution.

Statute of Limitations

Two years from the date of injury for a negligence/premises-liability claim (Ohio Rev. Code § 2305.10).

Comparative Fault Rule

Ohio applies modified comparative negligence with a 51% bar (Ohio Rev. Code § 2315.33) and retains the traditional invitee/licensee/trespasser categories. Ohio's open-and-obvious doctrine can operate as a complete, dispositive bar for a visible hazard — Armstrong v. Best Buy Co., 99 Ohio St. 3d 79, 2003-Ohio-2573, held that a landowner owes no duty to warn of a danger that is open and obvious, which can end a claim on summary judgment rather than merely reducing it through comparative fault. That doctrine interacts less directly with a negligent-security or structural-failure claim, however, since the underlying danger — an unscreened parking lot, an unrepaired stairwell railing, a malfunctioning elevator door sensor — is often not "obvious" in the way a wet floor or a pothole is, and courts instead apply the ordinary foreseeability standard for third-party criminal conduct: Simpson v. Big Bear Stores Co., 73 Ohio St. 3d 130, 652 N.E.2d 702 (1995), held that Ohio courts assess foreseeability under a totality-of-the-circumstances test — considering the nature, condition, and location of the property along with any other relevant factors — rather than requiring proof of an identical prior crime.

Damages Caps

Non-economic damages are capped at the greater of $250,000 or three times economic damages, up to a maximum of $350,000 per plaintiff (or $500,000 per occurrence for catastrophic injuries), under Ohio Rev. Code § 2315.18, upheld by the Ohio Supreme Court in Arbino v. Johnson & Johnson, 116 Ohio St. 3d 468, 2007-Ohio-6948 (2007).

Pre-Judgment Interest

Ordinary pre-judgment interest on tort damages is limited, but Ohio allows it specifically where a party failed to make a good-faith effort to settle, under Ohio Rev. Code § 1343.03(C).

Venue

Proper in the county where the defendant resides or where the claim arose (Ohio Civ. R. 3).

Funding-Specific Statute

Ohio regulates consumer litigation funding under the Non-recourse civil litigation advance contracts (current); replaced by a new consumer/commercial framework effective October 6, 2026 (H.B. 105), Ohio Rev. Code § 1349.55 (current, through 10/5/2026); Ohio Rev. Code §§ 1357.01–1357.10 (effective 10/6/2026). Current law imposes no fixed rate cap — only an APR-style disclosure recalculated every 6 months.

State law

How Ohio regulates consumer legal funding

Statute
Non-recourse civil litigation advance contracts (current); replaced by a new consumer/commercial framework effective October 6, 2026 (H.B. 105). Ohio Rev. Code § 1349.55 (current, through 10/5/2026); Ohio Rev. Code §§ 1357.01–1357.10 (effective 10/6/2026).
Rate or fee limit
Current law imposes no fixed rate cap — only an APR-style disclosure recalculated every 6 months. A new law (H.B. 105) takes effect October 6, 2026 and splits Ohio's framework into consumer and commercial litigation funding agreements; secondary sources describe new fee caps under the incoming law, but the exact figures could not be independently confirmed against the enacted statutory text.
Disclosure
Current law: front-page (12-pt bold) disclosure of the advance amount, itemized one-time fees, 36-month total repayment, and annualized rate with compounding; 5-business-day right to cancel. Incoming law adds: AG registration and public reporting of resolved consumer agreements within 14 days of case resolution.

Reviewed September 17, 2026. Legal information, not legal advice. This entry is flagged for independent confirmation against the primary source.

Terms

How terms are set for Ohio plaintiffs

Rates and terms are set by the capital provider and written in the provider’s agreement before signing.

Term
How it works
Decision
Made by the independent capital provider, not by Criterica Capital
Advance size
Set by the capital provider
Pricing
Set by the capital provider and written in its agreement before signing
Repayment
Non-recourse funding is repaid only from a recovery. The provider’s agreement states the terms.
Typical timeline

Because a negligent-security claim in Ohio requires developing the totality-of-the-circumstances foreseeability record rather than relying on a single obvious hazard, and often involves a property owner, a management company, and a security contractor as separate potential defendants, these claims generally take longer to resolve than a standard open-and-obvious dispute.

How Ohio law affects funding this claim

Why doesn't Ohio's open-and-obvious doctrine work the same way in a negligent security claim?

The open-and-obvious rule is built for visible physical hazards — a defendant needs to show the danger itself was apparent. A negligent-security claim instead turns on whether the risk of a criminal act was foreseeable, which is rarely something a plaintiff could have simply seen and avoided.

That distinction matters for underwriting: a claim genuinely governed by the open-and-obvious rule can end on summary judgment regardless of injury severity, while a negligent-security claim proceeds under the more fact-intensive foreseeability inquiry from Simpson v. Big Bear Stores, which is not resolved by whether a danger was "visible."

What does Ohio's totality-of-the-circumstances test require to show foreseeability?

Simpson v. Big Bear Stores allows Ohio courts to consider the nature, condition, and location of the property together with any other relevant factors — not just an identical prior crime — when deciding whether a criminal act against a customer or tenant was foreseeable.

This gives Ohio claims somewhat more flexibility than a jurisdiction requiring strictly identical prior incidents, but it also means the evidentiary record — layout, lighting, prior complaints, any security assessments the property commissioned — needs to be developed broadly rather than around a single benchmark event.

How do Ohio's damages caps interact with a severe negligent-security injury?

Ohio caps non-economic damages at the greater of $250,000 or three times economic damages, up to $350,000 (or $500,000 for catastrophic injury), which limits the pain-and-suffering component of a verdict regardless of how severe the underlying assault or fall was.

Economic damages — medical costs, lost income, future care — are not capped, so a case with substantial documented economic loss from a catastrophic injury is affected differently by the cap than one where non-economic harm predominates.

FAQ

Premises Liability Funding questions in Ohio

Sources & references

Ohio Rev. Code § 2305.10 · Ohio Rev. Code § 2315.33 · Armstrong v. Best Buy Co., 99 Ohio St. 3d 79, 2003-Ohio-2573 · Simpson v. Big Bear Stores Co., 73 Ohio St. 3d 130, 652 N.E.2d 702 (1995) · Ohio Rev. Code § 2315.18 · Arbino v. Johnson & Johnson, 116 Ohio St. 3d 468, 2007-Ohio-6948 (2007) · Ohio Rev. Code § 1343.03(C) · Ohio Civ. R. 3 · Ohio Rev. Code § 1349.55 · H.B. 105 (136th General Assembly)

Reviewed September 17, 2026. Legal information, not legal advice.

Pre-settlement funding is a non-recourse purchase of a portion of the proceeds of a pending legal claim — not a loan. If the case does not result in a recovery, nothing is owed. Rates, fees, and repayment terms are disclosed in full in the funding agreement, which the applicant’s attorney reviews before signing. Availability and terms vary by state.

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