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Generally enforceable

Ohio Liability Waiver Requirements

This information is for general educational purposes only and does not constitute legal advice. Consult a licensed attorney in Ohio for specific guidance.

Key points

Ohio waiver law at a glance

Ohio courts enforce liability waivers for recreational activities
The Swartzentruber test applies: clear, unambiguous, and specific
Ohio follows modified comparative negligence (51% bar)
Waivers cannot release from willful or wanton misconduct

Drafting

Drafting considerations for Ohio

Follow the Swartzentruber requirements for clarity and specificity
Explicitly mention negligence in the release
Ensure the waiver is conspicuous and not buried
Include specific activity and risk descriptions

FAQ

Frequently asked

Are liability waivers enforceable in Ohio?
Yes. Ohio courts apply the Swartzentruber test: the waiver must be clear, unambiguous, and specifically express the intent to release from negligence.
Can I use a digital waiver in Ohio?
Yes. Ohio adopted UETA and recognizes electronic signatures under the federal ESIGN Act.
How does Ohio's comparative negligence affect waivers?
Ohio uses modified comparative negligence with a 51% bar. A valid waiver provides protection beyond the comparative negligence framework.

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