Can I Protect My Assets By Putting Them in Trust?

A client recently asked me whether they should put their financial accounts and property into trust in order to protect their assets now that their oldest child got a driver’s license. I thought I’d share my answer with you.

Putting your assets in a trust would NOT give you the protection you are seeking as creditors could still reach the assets of a trust during your lifetime.  Instead, I recommend getting an auto policy of at least $250,000/$500,000 with a $1 million umbrella on top of it.   

Check with your insurance agent because each company is different in terms of the minimums you need to have before an umbrella policy is written.  

Of course, if you are getting an umbrella policy, make sure that the coverage also extends to your uninsured/underinsured policy.

If you have questions about personal injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.

Am I Liable for Drunk Guests at My Party?

So you’re throwing a party this weekend, can you be held  liable for the actions of a drunk guest and the harm they cause themselves or to others?  

Generally speaking, in Ohio, social hosts are not responsible for the actions of intoxicated adults or the harm they cause to others.  However, social hosts are liable for the injuries to — and caused by — intoxicated minors.  This is true even if all you did was allow the party to be held at your house.  This is why they say “parents who hosts, lose the most.”

If you have questions about personal injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.

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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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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