Intentional Tort
The intentional tort is defined by R.C.
2745.01 as occurring where an employee has been injured because the employer acted "with the intent to
injure" or "with the belief that the injury was substantially certain
to occur." "Substantially certain" is defined to require
"deliberate intent." An intentional tort can also occur if
the employer deliberately removed a safety guard or misrepresented a
hazardous or toxic substance.Our case index provides summaries of intentional tort decisions by the Ohio Supreme Court with links to the cases.
Other information:
- Court: In two decisions
announced on March 23, 2010, the Ohio Supreme court found that the
intentional tort statute is constitutional. (April, 2010)
- Court: The Supreme Court has held that
federal workers' compensation law preempts a state intentional tort
lawsuit. (April, 2008)
- 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)
- 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)