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.
Read moreR.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:
Read moreRecovering 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.
Read moreINJURED 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.
Read moreAre You Opening Up Your Medical History By Filing A Lawsuit?
Some potential clients are concerned that they are opening up their entire medical history by filing a personal injury claim or lawsuit. Whatever the reason, you should know that R.C. § 2317.02 establishes several testimonial privileges that can be asserted to prevent someone with a special relationship to a party (i.e. husband or wife, attorney, clergy, etc.) from testifying in court proceedings relative to communications made to them by the party. One privilege that is codified is the physician-patient privilege. This testimonial privilege is certainly relevant in personal injury or medical malpractice cases.
Specially, R.C. § 2317.02(B) provides that physicians "shall not testify" concerning "communication made to the physician... by a patient in that relation or the physician's... advice to a patient..." unless (1) the patient has waived such privilege or (2) the request falls within one of the exceptions.
Read moreNegligence 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.
Read more2016 Ohio Super Lawyers Rising Stars
The law firm of Triscaro & Associates, Ltd. is extremely pleased to announce that attorneys Joseph Triscaro and Scott Kuboff have been selected to the 2016 Ohio Super Lawyers Rising Stars list.
Each year, no more than 2.5 percent of the lawyers in Ohio are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.
Joe was also selected on the Rising Stars list in 2015.
How Protect Yourself in the Event of a Motor Vehicle Accident
According recent statistics produced by the Ohio State Highway Patrol, there has been over 41,000 accidents investigated in 2015 (just through August 9th). This is an increase from the 2014 statistics during the same time period. Despite this high number of accidents, most individuals do not know what to do at the scene of an accident or what information to obtain.
Here are some simple steps to protect yourself in the event you’re involved in an accident:
Read moreUYR: Road to Recovery in Slip/Trip and Fall cases
I frequently get phone calls and emails concerning individuals who were injured as a result of a trip and fall or a slip and fall on someone’s property or at a place of business. Typical injuries range from a concussion to a broken leg or a dislocated shoulder. Some injuries are quite significant, requiring surgical repair and many months of rehabilitation. However, just because someone was injured as a result of a fall, does not necessarily mean that he or she has a viable claim for negligence. In my experience, these types of claims are most always contested and vigorously defended.
Premises liability – i.e. the liability of the landowner – is a fairly nuanced area of the law. The purpose of this article is not to delve into every aspect of premises liability (I’ll save some for later) but, rather, to give you a general overview of what is needed to bring (and prove) a viable claim.
Read moreUYR: What is the Value of A Personal Injury Case
If you have been injured based upon the negligence of another, several factors must be taken into account before a lawsuit if filed:
- Is the claim being filed timely? In most states, including Ohio, statutes of limitation are in place which put time limits on when particular types of claims can be filed.
- Is the negligent party collectable? In other words, if you are able to prevail at trial, can you reasonable anticipate being able to recover money from the negligent party. Do they have insurance that will cover the claim or other types of assets that can compensate you for your injuries.
- What are your damages? Given the different types of damages that an injured party may claim, it is sometimes difficult to know in advance how much compensation one can receive. However, here are some general guidelines to estimate how much you may be able to recover for a personal injury claim: