Ohio Code 4549.65 – Immunity
(A) As used in this section:
Terms Used In Ohio Code 4549.65
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
(1) “Motor vehicle leasing dealer” has the meaning set forth in division (M) of section 4517.01 of the Revised Code.
(2) “Motor vehicle renting dealer” means any person engaged in the business of regularly making available, offering to make available, or arranging for another person to use a motor vehicle pursuant to a bailment, rental agreement, or other contractual arrangement for a period of less than thirty days under which a charge is made for its use at a periodic rate and the title to the motor vehicle is in a person other than the user, but does not mean a manufacturer or its affiliate renting to its employees or to dealers.
(B) A motor vehicle leasing dealer or a motor vehicle renting dealer and its officers, employees, agents, and representatives are not liable to a lessee or renter for damages or injuries sustained as a result of the lessee’s or renter’s being stopped, detained, arrested, or charged in connection with a theft offense involving the leased or rented motor vehicle if such dealer, its officers, employees, agents, or representatives act in good faith upon a reasonable belief that the motor vehicle was or is being converted or stolen or if both of the following apply:
(1) The lessee or renter did not return the motor vehicle at the time and place specified in the lease or rental contract;
(2) The lessee or renter failed to return the motor vehicle within twenty-four hours after the dealer, or an officer, employee, agent, or representative of the dealer has served a written notice upon the lessee or renter, requesting the return of the motor vehicle, at the lessee’s or renter’s address set forth in the lease or rental contract. Service may be by certified mail, return receipt requested, or by personal or residence service.
(C)(1) Any agreement, when the transaction is for purposes that are primarily personal, family, or household, between a motor vehicle leasing dealer and the lessee or a motor vehicle renting dealer and renter is a consumer transaction for purposes of sections 1345.01 to 1345.13 of the Revised Code. The dealer is the supplier and the lessee or renter is the consumer for purposes of those sections.
(2) A dealer is not liable for a violation under sections 1345.01 to 1345.13 of the Revised Code when the alleged violation is the result of false, misleading, or inaccurate information provided to the dealer by the lessee or renter and the dealer relied on that information in good faith.