When the death of a person is caused by wrongful act, neglect, or default which would have entitled the party injured to maintain an action and recover damages if death had not ensued, the person who would have been liable if death had not ensued, or the administrator or executor of the estate of such person, as such administrator or executor, shall be liable to an action for damages, notwithstanding the death of the person injured and although the death was caused under circumstances which make it aggravated murder, murder, or manslaughter. When the action is against such administrator or executor, the damages recovered shall be a valid claim against the estate of such deceased person. No action for the wrongful death of a person may be maintained against the owner or lessee of the real property upon which the death occurred if the cause of the death was the violent unprovoked act of a party other than the owner, lessee, or a person under the control of the owner or lessee, unless the acts or omissions of the owner, lessee, or person under the control of the owner or lessee constitute gross negligence.
When death is caused by a wrongful act, neglect, or default in another state or foreign country, for which a right to maintain an action and recover damages is given by a statute of such other state or foreign country, such right of action may be enforced in this state. Every such action shall be commenced within the time prescribed for the commencement of such actions by the statute of such other state or foreign country.
The same remedy shall apply to any such cause of action now existing and to any such action commenced before January 1, 1932, or attempted to be commenced in proper time and now appearing on the files of any court within this state, and no prior law of this state shall prevent the maintenance of such cause of action.
Notes of Decisions
Cited in 238
cases (58 in the last 5 years), 1954–2026 · leading case: Shover v. Cordis Corp., 574 N.E.2d 457 (Ohio 1991).
Shover v. Cordis Corp., 574 N.E.2d 457 (Ohio 1991). · cites it 9דAt R.C. 2125.01, the General Assembly has created an action for wrongful death.”
Collins v. Sotka, 692 N.E.2d 581 (Ohio 1998). · cites it 7ד2d at 463, construing former R.C. 2125.01 (A. William Sweeney, J., dissenting).”
Everhart v. Coshocton Cty. Mem. Hosp., 2022 Ohio 629 (Ohio Ct. App. 2022). · cites it 7דWrongful Death Statute, R.C. 2125.01. {¶ 14} Ohio first enacted a wrongful death statute in 1851.”
Boley v. Goodyear Tire & Rubber Co., 2010 Ohio 2550 (Ohio 2010). · cites it 4ד92(D)(2) clearly contemplates take-home asbestos-exposure claims against defendants other than the premises owners: 9 SUPREME COURT OF OHIO {¶ 32} “If a person files a tort action that alleges an asbestos claim based on a wrongful death, as described in section 2125.01 of the…”
Jacobson v. Kaforey (Slip Opinion), 2016 Ohio 8434 (Ohio 2016). · cites it 2ד02(A)(1) permits the recovery by a personal representative for the wrongful death of a decedent “[w]hen the death of a person is caused by wrongful act, neglect, or default which would have entitled the party injured to maintain an action and recover damages” under R.C. 2125.01.…”
Thompson v. Wing, 637 N.E.2d 917 (Ohio 1994). · cites it 4דThey claim that the ability to maintain a wrongful death action under R.C. 2125.01 is conditioned on the decedent’s having a cause of action against the wrongdoer immediately before the decedent’s death.”
Stidam v. Ashmore, 167 N.E.2d 106 (Ohio Ct. App. 1959). · cites it 10דSection 2125.01, Revised Code, confers a right of action for wrongful death.”
Stevens v. Ackman, 91 Ohio St. 3d 182 (Ohio 2001). · cites it 3דR.C. 2125.01 provides that someone who causes the wrongful death of another “shall be liable to an action for damages, notwithstanding -the death of the person injured.”
Prem v. Cox, 443 N.E.2d 511 (Ohio 1983). · cites it 11דThe appellee argues that the doctrine of interspousal immunity and R.C. 2125.01 preclude a wrongful death action in this situation.”
Gibson v. State Farm Mut. Auto. Ins., 704 N.E.2d 1 (Ohio Ct. App. 1997). · cites it 10ד*220 Pursuant to Ohio’s wrongful death statute, R.C. 2125.01 et seq., and Ohio’s uninsured motorist statute, R.”
Shinaver v. Szymanski, 471 N.E.2d 477 (Ohio 1984). · cites it 3דte claims for relief, name *55 ly: (1) plaintiff’s claim for his own personal injuries; (2) plaintiff’s claim for personal injuries, pain and suffering and medical expenses for Dorothy Shinaver prior to her death which survived to the plaintiff as executor; and (3) plaintiffs…”
Clark v. Scarpelli, 91 Ohio St. 3d 271 (Ohio 2001). · cites it 2דMid-Century also acknowledges, in its brief before this court (although appellee’s attorney at oral argument seemed to assume a different posture), that pursuant to applicable law each wrongful death beneficiary has a separate, individual claim for uninsured/underinsured…”
Gibson v. State Farm Mut. Auto. Ins., 704 N.E.2d 1 (Ohio Ct. App. 1997). “*220 Pursuant to Ohio’s wrongful death statute, R.C. 2125.01 et seq., and Ohio’s uninsured motorist statute, R.”
— Ohio Rev. Code § 2125.01(A)(1) — 11 cases
Collins v. Sotka, 692 N.E.2d 581 (Ohio 1998). “2d at 463, construing former R.C. 2125.01 (A. William Sweeney, J., dissenting).”
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