Drive Safe This Holiday Season

“It’s not you that I worry about,” said my mom when I received my driver’s license, “it’s the other drivers that concern me.”   She is right.  To a great extent, every time we get behind the wheel of a car we are putting our safety (and lives) in the hands of thousands of other people we encounter driving on Ohio’s roadways.  Even the most cautious and careful driver can fall victim to someone else’s carelessness.  

As the holiday season is upon us, many of us will be traveling to spend time with friends and family throughout the country.  According to the Ohio Department of Public Safety, there were 36,392 motor vehicle accidents in the months of November and December last year; the majority of which – 29,678 – was in December.   And for 11,578 people, an accident resulted in some type of injury. 

So, what can we do to protect ourselves this holiday season? Simple, control what you can and, hopefully, others will too:

  1. Don’t drink and drive
  2. Don’t text and drive
  3. Don’t drive if you’re tired
  4. Maintain appropriate speeds and distances in inclement weather
  5. Report unsafe driving
  6. Wear your seat belt

Enjoy your holidays and I wish you safe travel!  

If you have been injured by the negligence of another, contact me for a no cost, no obligation consultation and case evaluation; I will fight for you. 

Overcoming Ohio's "No Duty" Winter Rule

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

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Crossing Outside the Crosswalk: Am I Barred from Recovering?

We’ve all done it before – especially anyone who frequents the Justice Center – crossing the street outside the crosswalk or in the crosswalk but when there is the “do not walk” signal.   Through my unofficial and unverified observations, 99% of the time it is done without incident.  However, what happens during the other 1% of the time?   Can the individual who was struck and injured recover for their loss?    My answer: it depends.

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How to Protect Yourself BEFORE a Bicycle Accident

For 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:   

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Suing the State: Political Subdivision Tort Liability

If you were injured by the conduct of an employee or agent of a city, county, or other government entity, bringing a suit for damages can be difficult.   Historically, individuals could not sue the government in tort as it was immune from liability.   In 1985, however, the Ohio General Assembly enacted R.C. § 2744, the Political Subdivision Tort Liability Act, paving the way for political subdivisions of the State of Ohio to be sued in limited circumstances.     

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R.C. 3109.10: Strict Parental Liability for a Child's Assault

 A school-yard fight.   A neighborhood bully.  An opposing player who loses his cool.   There can be a number of scenarios where your child can become the victim of a willful and malicious assault.   Hopefully the most serious injury will be a bruised ego.  However, if your child suffered serious injury, which required medical attention, you do have an avenue to recover damages.

     In Ohio, R.C. 3109.10 imposes strict liability on the parents of a child who willfully and maliciously assaults another.   Strict liability imposes liability on an individual without the need to prove negligence or some other type of wrongful conduct.  Specifically, R.C. 3109.10 provides, in relevant part:

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Recovering for Injuries Sustained from a Dog Bite

According to the American Veterinary Medical Association, approximately 37% of American households – over 43 million – own a dog.   Most dog-owners (myself included) believe that our pets are harmless and would never bite anyone or anything.   However, that is not always the case.  I have represented many Ohioans who have been seriously injured by vicious attacks of a family dog.   Those who are fortunate, walk away with scratches or small puncture wounds.   Others’ injuries are more serious: permanent scarring, nerve damage, broken bones, loss of muscle tissue, or even loss of limbs.    

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INJURED AT THE BALLPARK; DO YOU HAVE A CASE?

The baseball season is upon us and most major cities in Ohio – Cleveland, Cincinnati, Columbus, Toledo, Akron, Dayton, and Youngstown – have professional baseball teams that draw in several million spectators per year.    Foul balls, homeruns, broken bats, and errant throws pose a risk of personal injury and harm to any spectator.   However, recovering for such injury can prove difficult and is dependent on the facts and circumstances of each case.

In Ohio, to maintain an action for negligence a plaintiff has the burden of establishing that: (1) the defendant owed the plaintiff a duty of care; (2) the defendant breached that duty; and (3) the plaintiff suffered injury proximately caused by the breach.    However, if a defendant shows that the plaintiff assumed the risk of injury through participating in an inherently dangerous activity; the defendant owes no duty and, therefore, the plaintiff cannot recover for his/her injuries. 

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Negligence Per Se: Another Road to Recovery

You 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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