Are punitive damages available in a school bus accident case?
In Ohio, punitive damages are not available in school bus accident cases. Punitive damages are monetary awards that are a penalty for the defendant’s actions and are meant to deter similar wrongful conduct in the future. However, an injured person can sue for compensatory damages, which are monetary awards meant to make the plaintiff whole again. Compensatory damages may include medical bills, lost wages, pain and suffering, and emotional trauma. In general, school bus accidents can be caused by a variety of factors, including driver negligence, inadequate training, inadequate maintenance of the bus, inadequate supervision of the bus, or the school district’s failure to follow safety procedures. The Ohio legislature passed a statute in 2018 that limits school districts’ liability for school bus accidents. Under this statute, school districts are exempt from punitive damages and limited to $100,000 in compensatory damages for any single occurrence. In addition, the parties in a school bus accident are limited to the school district’s insurance policy limits, which are typically much lower than those in a traditional personal injury claim. While punitive damages are not available in school bus accident cases in Ohio, an injured party can still pursue compensatory damages to be made whole again. It is important to note that the Ohio statute on school bus liability limits can have a significant impact on the amount of damages available in a school bus accident case.
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