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Intentional
Tort
Intentional Torts are situations where an
employee has been injured and the injury was caused by something which
the employer employer knew (or should have known) would cause the harm.
An injured worker can bring an intentional tort suit even if they have
received workers' compensation.
The intentional tort exists based on decisions of the
Ohio Supreme Court, and its definition is contained in various Court
decisions. The Ohio Legislature has made three attempts to limit or
eliminate the intentional tort, but all three attempts have been
declared unconstitutional by the Ohio Supreme Court.
For summaries of intentional tort decisions by Ohio
Courts, with links to the cases, click
here.
Other information:
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Court: A Court of Appeals has found
that an Employer may have committed an intentional tort in a case where
an employee was electrocuted after another employee had suffered a
similar injury and the employer had not complied with federal safety
requirements. (July, 2002)
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Court: A Court of Appeals has found
that an Employer committed an intentional tort in a case where a
machine had been modified and the employer had trained the employee to
use an unsafe procedure. (July, 2002)
- Court: The
Supreme Court has declared Ohio's "Empoyment Intentional Tort" Statute,
R.C. 2745.01, unconstitutional in its entirety. (April, 1999)
- Court: A third
Court of Appeals declares intentional tort statute unconstitutional. (December,
1998)
- Court: Another
Court of Appeals declares intentional tort statute unconstitutional. (August,
1998)
- Court: Court
declares intentional tort statute unconstitutional. (December, 1997)
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