Ohio is a comparative negligence state. This means that even if you are partly responsible for the accident, you can still recover financially.(J) "Tort action" means a civil action for damages for injury, death, or loss to person or property. Discover the elements of the premise liability law, including unsafe conditions, causation, and negligence. How Do You File a Tort Claim in Ohio? What is Comparative Negligence? Contributory fault of the plaintiff may be asserted as an affirmative defense to negligence tort claims. If one of these exceptions applies, you must file a claim with your insurance company first. How do I File a claim in the Court of Claims? Any contributory negligence remains a complete defense to any claim under the.