If you didn’t notice the parking lot on I-271 or I-480 this morning, winter is here. As the conditions become slick due to the snow, ice, and slush, it is not uncommon that individuals to sustain significant injuries in slip and falls.
In Ohio, there is a “no duty” winter rule which comes into play in – you guessed it – winter; and ill typically apply in falls in parking lots, entryways, and sidewalks, to name a few. However, this “no duty” winter rule does not foreclose an injured individuals ability to recover.
Before I discuss the winter rule, remember that when the alleged negligence occurs in the premises-liability context, the applicable duty is determined by
Read moreFor cyclists, this week served as yet another painful reminder of the vulnerability that we face every time we roll out onto the roadway and the catastrophic harm that can be caused for ourselves and our families. While I trust most cyclists are careful, it is the distracted driver, the impatient driver, or the drunk driver that we have to worry about. Their actions (and reactions) are completely out of our hands.
I previously posted an article titled “What to do if You’re Involved in a Bicycle Accident” which you should check out first. What that article does not address is the steps you should take before an accident happens to protect yourself and your family afterwards. In other words, buy as much insurance as you can reasonably afford. While this is not a comprehensive discussion on the issue of insurance, or the available types, here are a few types of insurance that you should absolutely have if you’re a cyclist:
Read moreYou were injured through no fault of your own. Someone else’s actions – or their failure to act – caused you harm and significant pain, suffering, and loss. In most cases, your personal injury claim will be based upon a theory of negligence. In order to establish a claim of negligence, you must show
(1) the existence of a duty;
(2) a breach of a duty;
(3) an injury; and
(4) that your injury was caused by the breach of duty.
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