Sec. 2307.60. (A)
Anyone injured in person or property by
a | 8 |
criminal act has, and
may recover full damages in, a civil
action | 9 |
unless specifically excepted by
law, may recover the costs
of | 10 |
maintaining the civil action and attorney's fees
if authorized
by | 11 |
any provision of the Rules of Civil Procedure or another
section | 12 |
of the Revised Code or under the common law of this state,
and may | 13 |
recover
punitive or exemplary damages if authorized by
section | 14 |
2315.21 or another
section of the Revised Code.
No record
of a | 15 |
conviction, unless
obtained by confession in open court,
shall
be | 16 |
used as evidence in a civil
action brought pursuant to
division | 17 |
(A) of
this
section. | 18 |
(B)(1) As used in division (B) of this section, "tort action" | 19 |
means a civil action for damages for
injury, death, or loss to | 20 |
person or property other than a civil
action for damages for a | 21 |
breach of contract or another agreement
between persons. "Tort | 22 |
action" includes, but is not limited to, a
product liability | 23 |
claim, an action for wrongful death under
Chapter 2125. of the | 24 |
Revised Code, and an action based on
derivative claims for relief. | 25 |
(ii) Three times the value of the property at the time it | 62 |
was willfully damaged or was the subject of a theft offense, | 63 |
irrespective of whether the property is recovered by way of | 64 |
replevin or otherwise, is destroyed or otherwise damaged, is | 65 |
modified or otherwise altered, or is resalable at its full market | 66 |
price. This division does not apply to a check, negotiable order | 67 |
of
withdrawal, share draft, or other negotiable instrument that | 68 |
was returned or
dishonored for insufficient funds by a financial | 69 |
institution if the check,
negotiable order of withdrawal, share | 70 |
draft, or other negotiable instrument
was presented by an | 71 |
individual borrower to a check-cashing business licensed
pursuant | 72 |
to sections 1315.35 to 1315.44 of the Revised Code for a | 73 |
check-cashing loan
transaction. | 74 |
(2) In a civil action in which the value of the property | 75 |
that was willfully damaged or was the subject of a theft offense | 76 |
is less than five thousand dollars, the property owner may
recover | 77 |
damages as described in division (A)(1)(a) or (b) of this
section | 78 |
and additionally may recover the reasonable
administrative costs, | 79 |
if any, of the property owner that were
incurred in connection | 80 |
with actions taken pursuant to division
(A)(2) of this section, | 81 |
the cost of maintaining the civil action,
and reasonable | 82 |
attorney's fees, if all of the following apply: | 83 |
(a) The property owner, at least thirty days prior to the | 84 |
filing of the civil action, serves a written demand for payment
of | 85 |
moneys as described in division (A)(1)(a) of this section and
the | 86 |
reasonable administrative costs, if any, of the property
owner | 87 |
that have been incurred in connection with actions taken
pursuant | 88 |
to division (A)(2) of this section, upon the person who
willfully | 89 |
damaged the property or committed the theft offense. | 90 |
(c) Either the person who willfully damaged the property
or | 94 |
committed the theft offense does not make payment to the
property | 95 |
owner of the amount specified in the demand within
thirty days | 96 |
after the date of its service upon that person
and does not
enter | 97 |
into an agreement with the property owner during that
thirty-day | 98 |
period for that payment or the person who willfully
damaged the | 99 |
property or committed the theft offense enters into
an agreement | 100 |
with the property owner during that thirty-day
period for that | 101 |
payment but does not make that payment in
accordance with the | 102 |
agreement. | 103 |
(B) If a property owner who brings a civil action pursuant | 104 |
to
division (A) of
section 2307.60 of the Revised Code to
recover | 105 |
damages for
willful damage to property or for a theft offense | 106 |
attempts to
collect the reasonable administrative costs, if any, | 107 |
of the
property owner that have been incurred in connection with | 108 |
actions
taken pursuant to division (A)(2) of this section, the | 109 |
cost of
maintaining the civil action, and reasonable attorney's | 110 |
fees
under
authority of that division and if the defendant | 111 |
prevails in
the
civil action, the defendant may recover from the | 112 |
property
owner
reasonable attorney's fees, the cost of defending | 113 |
the civil
action, and any compensatory damages that may be proven. | 114 |
(2) That, if the person makes payment of the amount | 121 |
specified in
the demand within thirty days after its service upon | 122 |
the
person or
enters into an agreement with the property owner | 123 |
during that
thirty-day period for that payment and makes that | 124 |
payment in
accordance with the agreement, the person cannot be | 125 |
sued by
the property owner in a civil action in relation to the | 126 |
willful property damage or theft offense; | 127 |
(3) That, if the person fails to make payment of the amount | 128 |
specified in the demand within thirty days after the date of its | 129 |
service upon the person and fails to enter into an agreement for | 130 |
that
payment with the property owner during that thirty-day period | 131 |
or
enters into an agreement for that payment with the property | 132 |
owner
during that thirty-day period but does not make that payment | 133 |
in
accordance with the agreement, the person may be sued in a | 134 |
civil action
in relation to the willful property damage or theft | 135 |
offense; | 136 |
(5) That, if the person is sued in a civil action by the | 141 |
property owner in relation to the willful property damage or theft | 142 |
offense, if the civil action requests that the person be
required | 143 |
to pay
the reasonable administrative costs, if any, of the | 144 |
property
owner that have been incurred in connection with actions | 145 |
taken
pursuant to division (A)(2) of this section, the cost of | 146 |
maintaining the action, and reasonable attorney's fees, and if
the | 147 |
person prevails in the civil action, the person
may recover from | 148 |
the property
owner reasonable attorney's fees, the cost of | 149 |
defending the
action, and any compensatory damages that can be | 150 |
proved. | 151 |
(D) If a property owner whose property was willfully
damaged | 152 |
or was the subject of a theft offense serves a written
demand for | 153 |
payment upon a person who willfully damaged the
property or | 154 |
committed the theft offense and if the person makes
payment of the | 155 |
amount specified in the demand within thirty days
after the date | 156 |
of its service upon the person or the person enters into
an | 157 |
agreement with the property owner during that thirty-day
period | 158 |
for that payment and makes payment in accordance with the | 159 |
agreement, the property owner shall not file a civil action | 160 |
against the person in relation to the willful property damage or | 161 |
theft offense. | 162 |
(E) If a property owner whose property was willfully
damaged | 163 |
or was the subject of a theft offense serves a written
demand for | 164 |
payment upon a person who willfully damaged the
property or | 165 |
committed the theft offense and if the person, within
thirty days | 166 |
after the date of service of the demand upon the
person, enters | 167 |
into an agreement with the property owner for the payment
of the | 168 |
amount specified in the demand but does not make that
payment in | 169 |
accordance with the agreement, the time between the
entering of | 170 |
the agreement and the failure to make that payment
shall not be | 171 |
computed as any part of the period within which a
civil action | 172 |
based on the willful property damage or theft
offense must be | 173 |
brought under the Revised Code. | 174 |
(G)(1) In a civil action to recover damages for willful | 181 |
property damage or for a theft offense, the trier of fact may | 182 |
determine that an owner's property was willfully damaged or that
a | 183 |
theft offense involving the owner's property has been
committed, | 184 |
whether or not any person has pleaded guilty to or has
been | 185 |
convicted of any criminal offense or has been adjudicated a | 186 |
delinquent child in relation to any act involving the owner's | 187 |
property. | 188 |
(b) The face value of any check or other negotiable | 203 |
instrument that is not honored due to insufficient funds in the | 204 |
drawer's account, the absence of any drawer's account, or another | 205 |
reason, and all charges imposed by a bank, savings and loan | 206 |
association, credit union, or other financial institution upon
the | 207 |
holder of the check or other negotiable instrument; | 208 |
(b) The gross revenue derived from the
violation by the | 223 |
persons who violated division (A) or
(B) of section 2913.041 of | 224 |
the Revised
Code, as established by a
preponderance of the | 225 |
evidence by the owner or operator of the cable television
system | 226 |
or other similar closed circuit coaxial cable communications | 227 |
system who
is aggrieved by the violation, minus deductible | 228 |
expenses and
other elements of profit that are not attributable to | 229 |
the
violation of division (A) or (B) of section
2913.041 of the | 230 |
Revised Code, as established
by a
preponderance of the evidence by | 231 |
the persons who violated either or both of
those divisions. | 232 |
(B)(1) An owner or operator of a cable
television system or | 233 |
other similar closed circuit coaxial cable
communications system | 234 |
who is aggrieved by conduct that is
prohibited by division (A) or | 235 |
(B) of section
2913.041 of the Revised Code may elect to
commence | 236 |
a civil action for damages in accordance with
division (A) of | 237 |
section
2307.60 or
section 2307.61 of the Revised Code or to | 238 |
commence a civil action under this section in the appropriate | 239 |
municipal court, county court, or court of common pleas to
recover | 240 |
damages and other specified moneys described in
division | 241 |
(B)(1)(a), (b), or
(c) of this section and, if applicable, damages | 242 |
described in division (B)(2) of this section from the
persons who | 243 |
violated division (A) or (B) of
section 2913.041 of the Revised | 244 |
Code. If the
owner or operator elects to commence a civil action | 245 |
for damages
and other specified moneys under this section, the | 246 |
owner or
operator shall specify in its complaint which of the | 247 |
following
categories of damages and other specified moneys the | 248 |
owner or
operator seeks to recover from the persons who violated | 249 |
division
(A) or (B) of section 2913.041 of the
Revised Code: | 250 |
(2) The trier of fact shall determine the amount of any | 267 |
compensatory
damages to be awarded pursuant to division (B)(1)(a) | 268 |
of this section, and the court shall determine the amount of any | 269 |
punitive or exemplary damages authorized by section 2315.21 of
the | 270 |
Revised Code and the amount of reasonable
attorney's fees, court | 271 |
costs, and other reasonable expenses to be
awarded pursuant to | 272 |
division (B)(1)(a) of
this section. The trier of fact shall | 273 |
determine the amount of damages to be
awarded to the owner or | 274 |
operator under division
(B)(1)(b) of this section. | 275 |
(3) In a civil action under this section, if an owner
or | 276 |
operator of a cable television system or other similar closed | 277 |
circuit coaxial cable communications system establishes by a | 278 |
preponderance of the evidence that the persons who violated | 279 |
division (A) or (B) of section 2913.041 of the
Revised Code | 280 |
engaged in the prohibited conduct
for the purpose of direct or | 281 |
indirect commercial advantage or
private financial gain, the trier | 282 |
of fact may award to the owner
or operator damages in an amount | 283 |
not to exceed fifty thousand
dollars in addition to any amount | 284 |
recovered pursuant to
division (B)(1)(a), (b), or (c) of this | 285 |
section, whichever of those divisions
applies to the owner or | 286 |
operator. | 287 |
(C) A person may join a civil action under this
section with | 288 |
a civil action under Chapter 2737. of the
Revised Code to recover | 289 |
any property of the
owner
or operator of a cable television system | 290 |
or other similar closed
circuit coaxial cable communications | 291 |
system that was the subject
of the violation of division (A) or | 292 |
(B) of
section 2913.041 of the Revised Code. A person
may | 293 |
commence
a civil
action under this section regardless of whether | 294 |
any
person who allegedly violated either or both of those | 295 |
divisions
has pleaded guilty to or has been convicted of a | 296 |
violation of
either or both of those divisions or has been | 297 |
adjudicated a
delinquent child for the commission of any act that | 298 |
constitutes a
violation of either or both of those divisions. | 299 |
Sec. 4399.18. Notwithstanding
division (A) of section | 300 |
2307.60
of the Revised
Code and except
as
otherwise provided in | 301 |
this section and in
section 4399.01 of
the
Revised Code, no | 302 |
person, and no executor or
administrator of the
person, who | 303 |
suffers personal
injury, death,
or
property damage as
a result
of | 304 |
the actions of an
intoxicated
person has a cause of
action against | 305 |
any liquor permit holder or
an employee
of a liquor permit holder | 306 |
who
sold beer or
intoxicating liquor to the intoxicated person | 307 |
unless
the injury,
death, or property damage
occurred on the | 308 |
permit
holder's premises
or in a parking
lot
under
the control
of | 309 |
the
permit holder and
was
proximately caused by the negligence of | 310 |
the
permit holder
or
an employee of the permit holder.
A
person | 311 |
has a
cause of action
against a permit holder or
an
employee
of a | 312 |
permit holder for
personal injury,
death,
or property
damage | 313 |
caused by the negligent
actions of an
intoxicated
person occurring | 314 |
off the
premises or
away
from a
parking lot
under the permit | 315 |
holder's control only
when
both of
the
following
can be shown by a | 316 |
preponderance of the
evidence: | 317 |
Notwithstanding sections 4399.02 and 4399.05 of the Revised | 329 |
Code, no person, and no executor or administrator of the
person, | 330 |
who suffers personal injury, death, or
property damage as a
result | 331 |
of the actions
of an intoxicated person has a cause of
action | 332 |
against
the owner of a building or premises who rents or
leases | 333 |
the
building or premises to a liquor permit holder against
whom a | 334 |
cause of action may be brought under this section, except
when the | 335 |
owner and the permit holder are the same person. | 336 |