Ohio law recognizes three categories of assumption of the risk as defenses to a negligence claim: express, primary, and secondary (aka "implied"). Express. Negligence torts are the most common tort type and are cases of carelessness which may be unintentional.A full tort involves asking for economic and noneconomic damages. Punitive damages can be awarded in either a full tort or a limited tort. A "tort" is a civil wrong, as distinguished from a crime. A crime is a public wrong. Intentional torts, where someone intentionally committed a wrong and caused an injury to someone else. Each jurisdiction's tort law has its own set of legal presumptions, which are codified rules of circumstantial evidence. 3. Experts and Opinion Evidence. Discover the elements of the premise liability law, including unsafe conditions, causation, and negligence.