Statute of Limitations
Ohio Revised Code § 2305.10(C) provides a specific 2-year statute of limitations for asbestos claims from date of discovery of the disease (mesothelioma diagnosis). Ohio's asbestos-specific statute provides clarity compared to states relying on general personal injury SOLs. Ohio uses modified comparative fault with a 51% bar.
2 years from diagnosis (ORC § 2305.10(C))
Where to File in Ohio
Ohio mesothelioma cases are filed in county common pleas courts, with Cuyahoga County (Cleveland), Hamilton County (Cincinnati), Lucas County (Toledo), and Summit County (Akron) handling the highest volumes. Ohio passed the Ohio Asbestos Litigation Act (HB 292, 2004), which imposes medical criteria requirements before cases may proceed to trial — plaintiffs must demonstrate current physical impairment attributable to asbestos. Trust claims against major bankruptcy funds run concurrently.
Ohio's statute of limitations for mesothelioma is 2 years from diagnosis or discovery of the asbestos-related disease. Wrongful death claims must be filed within 2 years of death. The discovery rule applies, and the Ohio Supreme Court has confirmed that the limitations period begins upon a mesothelioma diagnosis, not upon exposure — critical given the disease's 20–50 year latency.
Cuyahoga County courts handled thousands of asbestos cases from Cleveland's steel and auto manufacturing industries through the 1990s. Ohio's 2004 medical criteria law (one of the first in the nation) created a split docket separating impaired from non-impaired claimants, substantially reducing the pending docket while protecting legitimate mesothelioma claims from being delayed by mass non-malignant filings.
Ohio's industrial heritage drives its mesothelioma burden: Republic Steel, Youngstown Sheet & Tube, and U.S. Steel plants in the Mahoning Valley; Ford, GM, and Chrysler assembly plants in Toledo and the Greater Cleveland area; Owens-Illinois glass facilities (Owens Corning's predecessor was headquartered in Toledo); and PPG Industries chemical plants. The building trades throughout all major Ohio metros add substantially to the claimant pool.
Exposure in Ohio
Source: Ohio Cancer Incidence Surveillance System 2024
Source: NIOSH Ohio Occupational Data
Source: RAND Asbestos Litigation Report 2024