2006 Ohio Revised Code - 2745.01. Employer\'s liability for intentional tort.

§ 2745.01. Employer's liability for intentional tort.
 

(A)  In an action brought against an employer by an employee, or by the dependent survivors of a deceased employee, for damages resulting from an intentional tort committed by the employer during the course of employment, the employer shall not be liable unless the plaintiff proves that the employer committed the tortious act with the intent to injure another or with the belief that the injury was substantially certain to occur. 

(B)  As used in this section, "substantially certain" means that an employer acts with deliberate intent to cause an employee to suffer an injury, a disease, a condition, or death. 

(C)  Deliberate removal by an employer of an equipment safety guard or deliberate misrepresentation of a toxic or hazardous substance creates a rebuttable presumption that the removal or misrepresentation was committed with intent to injure another if an injury or an occupational disease or condition occurs as a direct result. 

(D)  This section does not apply to claims arising during the course of employment involving discrimination, civil rights, retaliation, harassment in violation of Chapter 4112. of the Revised Code, intentional infliction of emotional distress not compensable under Chapters 4121. and 4123. of the Revised Code, contract, promissory estoppel, or defamation. 
 

HISTORY: 150 v H 498, §§ 1, 2, eff. 4-7-05.
 

Analogous to former RC § 2745.01 (146 v H 103. Eff 11-1-95), repealed 150 v H 498, § 2, eff 4-7-05.

Analogous to former RC § 2745.01 (145 v H 107), repealed 146 v H 103, § 2, eff 11-1-95.

The provisions of §§ 3, 4 of HB 103 (146 v  - ) read as follows: 

SECTION 3. The General Assembly hereby declares its intent in enacting sections 2305.112 and 2745.01 of the Revised Code to supersede the effect of the Ohio Supreme Court decisions in Blankenship v. Cincinnati Milacron Chemicals, Inc. (1982), 69 Ohio St.2d 608 (decided March 3, 1982); Jones v. VIP Development Co. (1982), 15 Ohio St.3d 90 (decided December 31, 1982); Van Fossen v. Babcock & Wilcox (1988), 36 Ohio St.3d 100 (decided April 14, 1988); Pariseau v. Wedge Products, Inc. (1988), 36 Ohio St.3d 124 (decided April 13, 1988); Hunter v. Shenago Furnace Co. (1988), 38 Ohio St.3d 235 (decided August 24, 1988); and Fyffe v. Jeno's, Inc. (1991), 59 Ohio St.3d 115 (decided May 1, 1991), to the extent that the provisions of sections 2305.112 and 2745.01 of the Revised Code are to completely and solely control all causes of actions not governed by Section 35 of Article II, Ohio Constitution, for physical or psychological conditions, or death, brought by employees or the survivors of deceased employees against employers. 

SECTION 4. If any provision of a section of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the section or related sections which can be given effect without the invalid provision or application, and to this end the provisions are severable.