(A) Classifications of functions; nonliability; jurisdiction of the courts.
(1) For the purposes of this chapter, the functions of political subdivisions are classified as governmental functions and proprietary functions. Except as provided in division (B) of this section, a political subdivision is not liable in damages in a civil action for injury, death, or loss to person or property allegedly caused by any act or omission of the political subdivision or an employee of the political subdivision in connection with a governmental or proprietary function.
(2) The defenses and immunities conferred under this chapter and R.C. Chapter 2744 apply in connection with all governmental and proprietary functions performed by the political subdivision and its employees, whether performed on behalf of the political subdivision or on behalf of another political subdivision.
(3) Subject to statutory limitations upon their monetary jurisdiction, the Courts of Common Pleas, the Municipal Courts, and the County Courts have jurisdiction to hear and determine civil actions governed by or brought pursuant to this chapter.
(B) Exceptions. Subject to § 36.03 and R.C. §§ 2744.03 and 2744.05, a political subdivision is liable in damages in a civil action for injury, death, or loss to person or property allegedly caused by an act or omission of the political subdivision or of any of its employees in connection with a governmental or proprietary function, as follows:
(1) Except as otherwise provided in this division, political subdivisions are liable for injury, death, or loss to person or property caused by the negligent operation of any motor vehicle by their employees when the employees are engaged within the scope of their employment and authority. The following are full defenses to that liability:
(a) A member of a municipal police department or any other police agency was operating a motor vehicle while responding to an emergency call and the operation of the vehicle did not constitute willful or wanton misconduct;
(b) A member of a municipal fire department or any other firefighting agency was operating a motor vehicle while engaged in duty at a fire, proceeding toward a place where a fire is in progress or is believed to be in progress, or answering any other emergency alarm and the operation of the vehicle did not constitute willful or wanton misconduct;
(c) A member of an emergency medical service owned or operated by a political subdivision was operating a motor vehicle while responding to or completing a call for emergency medical care or treatment, the member was holding a valid commercial driver’s license issued pursuant to R.C. Chapter 4506 or a driver’s license issued pursuant to R.C. Chapter 4507, the operation of the vehicle did not constitute willful or wanton misconduct, and the operation complies with the precautions of R.C. § 4511.03.
(2) Except as otherwise provided in R.C. §§ 3314.07 and 3746.24, political subdivisions are liable for injury, death, or loss to person or property caused by the negligent performance of acts by their employees with respect to proprietary functions of the political subdivisions.
(3) Except as otherwise provided in R.C. § 3746.24, political subdivisions are liable for injury, death, or loss to person or property caused by their negligent failure to keep public roads in repair and other negligent failure to remove obstructions from public roads, except that it is a full defense to that liability, when a bridge within a municipality is involved, that the municipality does not have the responsibility for maintaining or inspecting the bridge.
(4) Except as otherwise provided in R.C. § 3746.24, political subdivisions are liable for injury, death, or loss to person or property that is caused by the negligence of their employees and that occurs within or on the grounds of, and is due to physical defects within or on the grounds of, buildings that are used in connection with the performance of a governmental function, including but not limited to office buildings and courthouses, but not including jails, places of juvenile detention, workhouses, or any other detention facility, as defined in R.C. § 2921.01.
(5) In addition to the circumstances described in divisions (B)(1) through (B)(4) of this section, a political subdivision is liable for injury, death, or loss to person or property when civil liability is expressly imposed upon the political subdivision by a section of the Ohio Revised Code, including but not limited to R.C. §§ 2743.02 and 5591.37. Civil liability shall not be construed to exist under another section of this code or the Ohio Revised Code merely because that section imposes a responsibility or mandatory duty upon a political subdivision, because that section provides for a criminal penalty, because of a general authorization in that section that a political subdivision may sue and be sued, or because that section uses the term “shall” in a provision pertaining to a political subdivision.
(C) An order that denies a political subdivision or an employee of a political subdivision the benefit of an alleged immunity from liability as provided in this chapter or any other provision of the law is a final order.
(R.C. § 2744.02) (Rev. 2008)