Ohio Rev. Code » Chapter 4515
Ohio Revised Code

Ohio Rev. Code § 4515.02 (2026)

Liability to guests in motor vehicles

✓ current as of May 2026
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The owner, operator, or person responsible for the operation of a motor vehicle shall not be liable for loss or damage arising from injuries to or death of a guest, resulting from the operation of said motor vehicle, while such guest is being transported without payment therefor in or upon said motor vehicle, unless such injuries or death are caused by the willful or wanton misconduct of such operator, owner, or person responsible for the operation of said motor vehicle.

Notes of Decisions
Cited in 46 cases (1 in the last 5 years), 1954–2023 · leading case: Malan v. Lewis, 693 P.2d 661 (Utah 1984).
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Malan v. Lewis, 693 P.2d 661 (Utah 1984). · cites it 2× “2d 771 (1974); Ohio Rev. Code Ann. § 4515.02 (1973) declared unconstitutional in Primes v.”
Henline v. Wilson, 174 N.E.2d 122 (Ohio Ct. App. 1960). · cites it 6× “That statute — Section 4515.02, Revised Code — reads as follows: “The owner, operator, or person responsible for the operation of a motor vehicle shall not be liable for loss or damage arising from injuries to or death of a guest, resulting from the operation of said motor…”
Carter v. Reese (Slip Opinion), 2016 Ohio 5569 (Ohio 2016). · cites it 2× “) In that case, however, we determined only that R.C. 4515.02, Ohio’s guest statute, was unconstitutional and did not address the scope or application of the Good Samaritan statute.”
Economou v. Anderson, 211 N.E.2d 82 (Ohio Ct. App. 1965). · cites it 6× “The plaintiff, appellant herein, claims in this appeal from a judgment of the Court of Common Pleas of Summit County, that the trial court erred in sustaining a demurrer to his petition, arid then dismissing the petition on the ground that at the time of plaintiff’s injury and…”
Kirchner v. Crystal, 474 N.E.2d 275 (Ohio 1984). “This all too familiar justification was also used to support the Ohio Guest Statute (R.C. 4515.02), and was unanimously rejected by this court in Primes v.”
Hogan v. Finch, 222 N.E.2d 633 (Ohio 1966). · cites it 4× “We recognize that the so-called “guest statute,” Section 4515.02, Revised Code, is a part of the law of Ohio and should be recognized.”
Thomas v. Herron, 253 N.E.2d 772 (Ohio 1969). · cites it 6× “Section 4515.02, Revised Code, states: “The owner, operator, or person responsible for the operation of a motor vehicle shall not be liable for loss or damages arising from the injuries to or death of a guest, resulting from the operation of said motor vehicle, while such guest…”
Opalko v. Marymount Hosp., Inc., 458 N.E.2d 847 (Ohio 1984). “Brown), which held that the Ohio Guest Statute, R.C. 4515.02, was violative of the Equal Protection Clause and the Due Process Clause of the Ohio Constitution, Sections 2 and 16, Article I, and of the Fourteenth Amendment to the United States Constitution, “by denying] due…”
Kemp v. Parmley, 241 N.E.2d 169 (Ohio 1968). · cites it 4× “Does the petition herein state valid causes of action? Section 4515.02, Revised Code, the so-called guest statute, recites: “The owner, operator, or person responsible for the operation of a motor vehicle shall not be liable for loss or damage arising from injuries to or death…”
Stiltner v. Bahner, 227 N.E.2d 192 (Ohio 1967). · cites it 2× “*219 Payment, within the meaning of Section 4515.02, Revised Code, must be payment or benefit accepted or agreed upon by the driver as consideration for the transportation.”
Hassan v. Progressive Ins. Co., 756 N.E.2d 745 (Ohio Ct. App. 2001). “” Defendant urges us to adopt that rule of law on the premise that allowing the testimony of persons who have potential claims will inherently promote fraudulent and collusive lawsuits to the great detriment of the insurance industry.”
Clark v. Hiatt, 152 N.E.2d 701 (Ohio Ct. App. 1957). · cites it 2× “This action was brought under the provisions of Section 4515.02, Revised Code, which permits an action to be brought against the driver of a motor vehicle for injuries to a guest up-' on the claim that the driver was guilty of wanton misconduct.”
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