Ohio Rev. Code § 2305.09

Four years - certain torts

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Except as provided for in division (C) of this section, an action for any of the following causes shall be brought within four years after the cause thereof accrued:

(A) For trespassing upon real property;

(B) For the recovery of personal property, or for taking or detaining it;

(C) For relief on the ground of fraud, except when the cause of action is a violation of section 2913.49 of the Revised Code, in which case the action shall be brought within five years after the cause thereof accrued;

(D) For an injury to the rights of the plaintiff not arising on contract nor enumerated in sections 1304.35, 2305.10 to 2305.12, and 2305.14 of the Revised Code;

(E) For relief on the grounds of a physical or regulatory taking of real property.

If the action is for trespassing under ground or injury to mines, or for the wrongful taking of personal property, the causes thereof shall not accrue until the wrongdoer is discovered; nor, if it is for fraud, until the fraud is discovered.

An action for professional negligence against a registered surveyor shall be commenced within four years after the completion of the engagement on which the cause of action is based.

Notes of Decisions
Cited in 603 cases (100 in the last 5 years), 1953–2026 · leading case: Investors REIT One v. Jacobs
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Investors REIT One v. Jacobs (1989) ohio · cites it 23× “R.C. 2305.09 1 provides a general limitations period of four years for tort actions not specifically covered by other sections of the Ohio Revised Code.”
State ex rel. Nickoli v. Erie MetroParks (2010) ohio · cites it 20× “We deny the writ because (1) res judicata neither entitles relators to the requested extraordinary relief nor prevents the park district and its board of commissioners from raising defenses that they did not raise in a previous mandamus action involving different relators and…”
LGR Realty, Inc. v. Frank & London Ins. Agency (2018) ohio · cites it 13× “2d 672 , F & L argued that the cause of action accrued on the date the policy went into effect, May 12, 2010, and therefore, LGR's complaint, which was filed on April 17, 2015, was time barred by the four-year statute of limitations set forth in R.C. 2305.09. {¶ 5} LGR, relying…”
State ex rel. Doner v. Zody (2011) ohio · cites it 13× “Relators did not institute this action until 2009; thus, respondents argue, relators’ claim is barred by the four-year limitations period of R.”
Flagstar Bank, F.S.B. v. Airline Union's Mortgage Co. (2011) ohio · cites it 12× “He argued that the bank’s claims were barred by the statute of limitations in R.C. 2305.09 because the complaint was filed more than four years after the appraisals were performed.”
Aluminum Line Products Co. v. Brad Smith Roofing Co. (1996) ohioctapp · cites it 20× “2d 82 , which we found to summarize the applicable law: “An action for the failure of a builder to perform in a workmanlike manner is a tort sounding m negligence and is governed by the four-year statute of limitations found in R.C. 2305.09. Benson v. Dorger (1972), 33 Ohio App.”
Viock v. Stowe-Woodward Co. (1983) ohioctapp · cites it 7× “Appellant contends, however, that since it is alleged that the exposure was the result of ap-pellees’ fraudulent, intentional, and/or malicious conduct, the four-year limitation for fraud (R.C. 2305.09[C]) 4 rather than the two-year limitation for bodily injury (R.”
Cundall v. U.S. Bank (2009) ohio · cites it 9× “] Trusts — Trustees — Action alleging fraud, self-dealing, and other breaches of fiduciary duty by trustees in sale of stock — Four-year limitations period in R.C. 2305.09 applies — Limitations period begins to run when alleged breaches should have been discovered by…”
Nadra v. Mbah (2008) ohio · cites it 18× “*310 {¶ 17} R.C. 2305.09 provides: {¶ 18} “An action for any of the following causes of action shall be brought within four years after the cause thereof accrued: {¶ 19} “* * * {¶ 20} “(D) For an injury to the rights of the plaintiff not arising on contract nor enumerated in…”
Brian Bash v. Textron Financial Corporation (2016) ca6 · cites it 4× “The Ohio Supreme Court has yet to expressly address the adverse domination doctrine in any context, and in December 2015, the court declined to answer a certified question from this court as to whether Ohio would “apply the doctrine of adverse domination to toll the statute of…”
Nazareth Deli, L.L.C. v. John W. Dawson Ins., Inc. (2022) ohioctapp · cites it 9× “Appellees argued appellants' claims accrued on December 3, 2012 when the Mazda was added to Baransi's personal auto policy, and that appellants' claims were barred by the four-year statute of limitations in R.C. 2305.09(D). Appellees further asserted Palmer had not breached a…”
Union Savings Bank v. Lawyers Title Insurance (2010) ohioctapp · cites it 11× “Specifically, the court held that “[t]he General Assembly’s failure to include general negligence claims under the discovery rule set out in R.C. 2305.09 argues strongly that it was not the legislature’s intent to apply the discovery rule to such claims.”
Show all 603 citing cases →
— Ohio Rev. Code § 2305.09(A) — 11 cases
State ex rel. Doner v. Zody (2011) ohio “Relators did not institute this action until 2009; thus, respondents argue, relators’ claim is barred by the four-year limitations period of R.”
Lally v. BP Products North America, Inc. (2009) ohnd
Reith v. McGill Smith Punshon, Inc. (2005) ohioctapp
Mauldin v. Youngstown Water Dept. (2019) ohioctapp
Peoples Rights Organization, Inc. v. Montgomery (2001) ohioctapp
— Ohio Rev. Code § 2305.09(B) — 18 cases
Hambleton v. R.G. Barry Corp. (1984) ohio
Todd Zappone v. United States (2017) ca6
Palmer Manufacturing & Supply, Inc. v. Bancohio National Bank (1994) ohioctapp
Floch v. Davis (2013) ohioctapp
Druso v. Bank One of Columbus (1997) ohioctapp
— Ohio Rev. Code § 2305.09(C) — 82 cases
In Re Taubman (1993) ohsb
Basile v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1982) ohsd
Bonner v. Delp (2021) ohioctapp
Aluminum Line Products Co. v. Brad Smith Roofing Co. (1996) ohioctapp “2d 82 , which we found to summarize the applicable law: “An action for the failure of a builder to perform in a workmanlike manner is a tort sounding m negligence and is governed by the four-year statute of limitations found in R.C. 2305.09. Benson v. Dorger (1972), 33 Ohio App.”
Berry v. Javitch, Block & Rathbone, L.L.P. (2010) ohio
— Ohio Rev. Code § 2305.09(C)(D) — 1 case
Karr v. Estate of Sayre (2026) ohioctapp
— Ohio Rev. Code § 2305.09(D) — 250 cases
LGR Realty, Inc. v. Frank & London Ins. Agency (2018) ohio “2d 672 , F & L argued that the cause of action accrued on the date the policy went into effect, May 12, 2010, and therefore, LGR's complaint, which was filed on April 17, 2015, was time barred by the four-year statute of limitations set forth in R.C. 2305.09. {¶ 5} LGR, relying…”
Investors REIT One v. Jacobs (1989) ohio “R.C. 2305.09 1 provides a general limitations period of four years for tort actions not specifically covered by other sections of the Ohio Revised Code.”
Nazareth Deli, L.L.C. v. John W. Dawson Ins., Inc. (2022) ohioctapp “Appellees argued appellants' claims accrued on December 3, 2012 when the Mazda was added to Baransi's personal auto policy, and that appellants' claims were barred by the four-year statute of limitations in R.C. 2305.09(D). Appellees further asserted Palmer had not breached a…”
Nadra v. Mbah (2008) ohio “*310 {¶ 17} R.C. 2305.09 provides: {¶ 18} “An action for any of the following causes of action shall be brought within four years after the cause thereof accrued: {¶ 19} “* * * {¶ 20} “(D) For an injury to the rights of the plaintiff not arising on contract nor enumerated in…”
Flagstar Bank, F.S.B. v. Airline Union's Mortgage Co. (2011) ohio “He argued that the bank’s claims were barred by the statute of limitations in R.C. 2305.09 because the complaint was filed more than four years after the appraisals were performed.”
— Ohio Rev. Code § 2305.09(E) — 25 cases
State ex rel. Nickoli v. Erie MetroParks (2010) ohio “We deny the writ because (1) res judicata neither entitles relators to the requested extraordinary relief nor prevents the park district and its board of commissioners from raising defenses that they did not raise in a previous mandamus action involving different relators and…”
State ex rel. Doner v. Zody (2011) ohio “Relators did not institute this action until 2009; thus, respondents argue, relators’ claim is barred by the four-year limitations period of R.”
Byers DiPaola Castle, L.L.C. v. Portage Cty. Commrs. (2015) ohioctapp
Regulic v. Columbus (2022) ohioctapp
Bauer v. Brunswick (2011) ohioctapp
— Ohio Rev. Code § 2305.09(c) — 2 cases
In re Dayco Corp. Derivative Securities Litigation (1983) ohsd
Executone of Columbus, Inc. v. Inter-Tel, Inc. (2009) ohsd
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