Sandusky Personal Injury Lawyer - Dog

Parents sue after daughter is killed at hotel | Ohio wrongful death attorneys

Chuck Boyk — Mon, 02 Feb 2009 11:45:00 GMT

The parents of the 21-year-old a former homecoming queen filed a $100 million lawsuit against the hotel, Days Inn Corp., for the wrongful death of their daughter, citing that a hotel failed to preform employment background checks after hiring illegal immigrants.

The woman suffered wrongful death after she was killed in a Tennessee hotel this past September.

A Days Inn employee used a master key to let himself into the room where the woman was staying during her business trip, then sexually assaulted and killed her. Her body was found a week later in a nearby lake.

Tragic deaths like this one are so sad, but they are also common, and our Ohio wrongful death attorneys see the devastation these types of horrible crimes can cause.

If you need help dealing with the tragic loss of a loved one, contact our office today to order your free copy of The Ohio Wrongful Death Book to learn your rights.

Originally posted at InjuryBoard by Chuck Boyk

Dog bite liability discussed by Ohio dog bite lawyer Dale Emch

Chuck Boyk — Thu, 08 Jan 2009 16:47:10 GMT

Are you responsible if your dog bites someone else? What do you do if you dog injured another person? Ohio dog bite lawyer Dale Emch discusses the flip side to dog bite injuries in his most recent Legal Briefs column. If you have a general legal question you would like to see addressed, including those on Ohio car accident settlements, Ohio work injury payments, or medical malpractice, contact Dale today at demch@charlesboyk-law.com.

I heard that a dog's owner isn't responsible for a dog bite if the person bitten was trespassing. So, if I was throwing the football around with my son in my backyard and the ball went into my neighbor's yard, would my neighbor be responsible if his dog bit me when I crossed into his yard to pick up the football?

Let me give you some of the basics about Ohio dog bite law before I zero in on your question. Under Ohio law, the owner, keeper, or harborer of a dog is liable for any injuries caused by the dog. It's a very strict rule that can have some harsh results. For instance, if my dog, Simon, ran out in front of a car, causing the driver to swerve off the road and hit a tree, I'd be responsible for the driver's injuries. And that would be true even if a friend was walking Simon for me and he got away when I wasn't in town. The law imposes strict duties on dog owners, including those who have dogs as headstrong as Simon.

Given the number of dog-bite cases our law office handles, I understand why the law has developed in this way. I've represented children who have been scarred for life and adults whose dog-bite injuries have caused them to be hospitalized for days. It would be little solace to those people if the owners could escape liability by saying, "Gee, our dog has never bitten anyone before, so we had no idea this would happen." There's no such thing as a free bite in the civil arena under Ohio law.

That said, people owning or keeping dogs do have certain defenses. Under the law, it's a defense if the person who was injured was committing or attempting to commit a criminal trespass, committing or attempting to commit any criminal offense other than a minor misdemeanor, or was teasing, tormenting, or abusing the dog. So, the law includes some common-sense protections for dog owners or keepers in limited circumstances.

The key to your question is whether your neighbor would have a defense because you were considered a trespasser. The Ohio General Assembly amended the law this year to change the defense of trespass to criminal trespass. That could be significant, and I expect the change will be the source of some legal wrangling over the next few years. Prior to the change in the law, a number of courts ruled that the trespass defense was available to dog owners whether the trespass was civil or criminal.

It sounds like a small thing, but it could be crucial in a lot of cases. The distinction lies in the difference between a criminal and civil trespass. Boiled down, someone commits a criminal trespass when they knowingly enter the land or premises of another - without privilege to do so - or remain on the land or premises after receiving notice in some form that they're on someone else's property. While there's more to the criminal code section dealing with trespass, that's the general gist.

For the purposes of a civil trespass, on the other hand, it doesn't matter whether the trespasser knew or received notice he was trespassing.

So, let's look at the distinction using the framework of your question. Let's say you had to jump a fence to get into your neighbor's backyard to retrieve the football. It would be hard to say that you didn't commit a criminal trespass because you knowingly entered your neighbor's property.

Let's look at a different scenario. Let's say you were playing football on someone else's property and you had no idea where the property line was. If you inadvertently crossed the property line and the property owner's dog bit you, I would argue that you hadn't committed a criminal trespass and the dog owner would be liable. Under the old version of the law, it didn't matter whether you knew where the boundary line was for the purposes of a civil trespass. If you were bitten on someone else's property and you had no privilege to be there, you were out of luck, at least for purposes of pursuing your claim under the state statute.

As an aside, the concept of privilege is important here. For instance, a letter carrier has the right to enter your property to deliver mail. So the trespass defense wouldn't apply. Or, in your scenario, if your neighbor had seen the ball go over the fence and waved you over to come get it, you wouldn't be a trespasser.

Originally posted at InjuryBoard by Chuck Boyk

Security deposits discussed by Ohio car accident lawyer Dale Emch

Chuck Boyk — Wed, 24 Dec 2008 17:08:00 GMT

What do you do if you do not receive your security deposit back after your apartment lease is up?

Ohio car accident lawyer Dale Emch discusses rental agreements and deposits in his December 21, 2008 Legal Briefs column. If you have a general legal question on Ohio car accidents, Ohio dog bites, Ohio workers’ compensation, or a similar issue, contact Attorney Emch and demch@charlesboyk-law.com.

Dear Dale: I moved out of an apartment last year. Even though more than a year has passed, I have not been able to get my security deposit back. I've called the apartment complex's office more than 100 times, but they still won't return my deposit. Every time I call, they have good attitudes with a lot of excuses, but they never give me my security deposit. I'm really tired of calling them. Is there anything I can do?

Answer: I think most of us have rented an apartment or home at some point in our lives, and most of us have had a landlord hold back all or a portion of a security deposit, sometimes justifiably, sometimes not.

I shudder at the memory of my college roommates and I acting indignant when our landlord refused to give us our security deposit back many years ago. We were, to put it euphemistically, enthusiastic college boys. By the end of the year, the nice home we had moved into looked like something the city might consider condemning. An exaggeration, but you get the point. Though we really had no business getting our deposit back, my brother, Gregg, and a buddy of his - both newly minted lawyers at the time - pointed us to a law that put part of our deposit back in our undeserving hands.

State law dictates when landlords can retain security deposits, and our landlord didn't comply with the law. The Ohio Revised Code requires landlords to return security deposits within 30 days after termination of the rental agreement.

A landlord can withhold all or a portion of a security deposit for such things as unpaid rent, damage to the property, or violations of the lease. A landlord seeking to withhold any portion of a security deposit must provide written notice within 30 days of the end of the lease giving an itemized listing of reasons the deposit wasn't repaid, and a dollar figure associated with each item. Normal wear and tear on an apartment isn't sufficient reason to withhold a security deposit, and courts have ruled that landlords can't build in routine cleaning costs to the lease as justification for withholding security deposits.

State law provides a hammer tenants can use to whack landlords who don't comply with the security deposit code section. If a landlord fails to comply with the law, the former tenant can get double the amount owed to him, plus reasonable attorney fees.

Double damages and attorney fees are available but the law states that the tenant must provide the landlord with written notice of a new address where the security deposit or an itemized list of deductions can be sent. Though it appears that your landlord did not supply you with notice of why your deposit was being withheld, it's unclear to me whether you provided written notice of your new address.

If you did provide notice of your new address, you may want to consider suing the landlord in Toledo Municipal Court. It might take some time, but you've waited this long, right? It's clear that the landlord either feels justified in withholding your deposit or has no intention of ever coughing it up. Maybe having to pay double damages and attorney fees will cause the landlord to reconsider this behavior in the future. Trying to stop that kind of behavior is precisely why the law contemplates that financial hit. The legislature realized that without some sort of pain in the pocketbook, landlords could withhold security deposits for all sorts of shaky reasons.

If you haven't supplied your landlord with written notice of your new address, I'd do that immediately by certified mail, and then I'd contact an attorney if that fails to produce your security deposit.

Originally posted at InjuryBoard by Chuck Boyk

Congratulations to Lucas County Dog Warden Tom Skeldon, Named Dog Warden of the Year

Chuck Boyk — Fri, 19 Dec 2008 19:58:05 GMT

Tom Skeldon has worked hard to keep children and adults safe from vicious dogs and dog bites.

Our Toledo, Ohio attorneys would like to extend our congratulations to the Lucas County Dog Warden, as he was just named Dog Warden of the year by the nation's only dog bite advocacy group, DogsBite.org. DogsBite.org was founded by a person who was a victim of a pit-bull attack in Seattle.

DogsBite.org agrees with Mr. Skeldon's hard work. They write, "Tom Skeldon has vigorously worked to prevent horrendous pit bull maulings resulting in serious injuries or death of human beings, their domesticated pets and livestock."

If you or someone you love has been injured by an dog bite in Ohio, contact our office using the form at right to order your FREE copy of The Ohio Dog Bite Book. Our attorneys are available 24 hours a day, seven days a week.

Originally posted at InjuryBoard by Chuck Boyk

General legal questions on car accidents, dog bites answered by Toledo, Ohio attorney

Chuck Boyk — Tue, 14 Oct 2008 10:44:00 GMT

Do you have a general legal question you would like answered?

Toledo, Ohio car accident lawyer Dale Emch answers readers general legal questions on everything from car accidents, workers’ compensation, medical malpractice, or wrongful death. Contact our office if you would like to have your general legal question considered for Attorney Emch's Toledo Blade column, "Legal Briefs."

Dear Dale: My father-in-law purchased a new car that has continued to have the same engine problem. He's taken it in for repairs, but the problem keeps happening again and again. He's fed up and wants to know what his rights are.

ANSWER: It sounds like he may have purchased a lemon and could be entitled to a new car. In certain situations, Ohio's Lemon Law protects consumers who have purchased new cars that are plagued by problems.

The law applies only to new cars that are less than 1 year old or have fewer than 18,000 miles, whichever happens earlier. First of all, the dealer or manufacturer must be given a reasonable opportunity to make any repairs necessary so that the vehicle conforms to the warranty. You might be able to get a new car or a full refund if any of the following factors apply:

• If repairs have been attempted at least three times on essentially the same problem, but the problem persists.

• If one attempt has been made to repair a problem that could cause death or serious bodily injury, and the problem still exists.

• If the car has required eight or more repairs, not necessarily for the same problem.

• If the vehicle has been out of service for repairs for a cumulative total of 30 days.

If the consumer decides to replace the lemon, Ohio law requires that the new vehicle must be acceptable to him. Alternatively, a full refund of the purchase price can be demanded. The purchaser of the lemon also can recoup costs such as fees charged for cancelling a loan or lease, or towing costs and vehicle rental fees.

Despite the law, the consumer may run into a dealer or manufacturer who won't make things right or who believes that you don't have a right to seek the relief contemplated by the law. If that's the case, the lemon's owner can file a lawsuit seeking to recover the damages incurred. The law also allows for the recovery of attorney's fees and court costs if the consumer wins the case. That said, if certain factors are met, the consumer could be forced into arbitration, which essentially is an out-of-court hearing in front of a neutral party.

So, your father-in-law could be entitled to a new car or a full refund if the factors listed apply. It's important that he documents all of the problems and repair attempts so he can exercise his rights under the law. He should start a file and hold on to all of the paperwork associated with the vehicle.

For more information, check out the informative site the Ohio Attorney General's Office has put together on the Lemon Law at www.ag.state.oh.us/citizen/consumer/lemon_law.asp.

Originally posted at InjuryBoard by Chuck Boyk

Toledo, Ohio dog bite book grabs local attention

Chuck Boyk — Thu, 25 Sep 2008 08:08:00 GMT

The Ohio Dog Bite Book has received local recognition. Our Toledo, Ohio dog bite attorneys have been featured in local newspapers for the recent publication of their new book on dog bite injuries.

The Toledo Free Press, The City Paper, and The Metro Press all mentioned The Ohio Dog Bite Book as a great reference guide for those suffering a dog bite injury.

The Toledo Free Press focused on The Ohio Dog Bite Book as a public service to the citizens of Toledo. Read an excerpt here:

Working from the premise that “knowledge is power,” the attorneys hope to educate the public, as well as their clients, to improve their ability to facilitate the process of litigation, protect victim's rights and ultimately arrive at the most beneficial solution.

The Metro Press focused on the number of Lucas County dog bites as well as the breed involved in those bites, along with Lucas County Dog Warden Tom Skeldon’s reaction to those numbers.

Pit bulls last year surpassed labs, shepherds and chows as the top breed whose bites required medical attention. Skeldon finds that noteworthy as there are fewer pit bulls in the country than the other three breeds…The attorneys write that Ohio has a strict liability law, which means a victim need only prove who owned the dog that bit them to establish liability for injuries. There are few defenses, such as, did the victim criminally trespass or tease, torment or abuse the dog.

If you or someone you know has suffered personal injury from a dog bite, order your FREE copy of The Ohio Dog Bite Book by contacting our office.

1Originally posted at InjuryBoard by Chuck Boyk

Toledo, Ohio dog bite attorney backs up Lucas County Dog Warden

Chuck Boyk — Mon, 22 Sep 2008 08:06:00 GMT

In his recent Toledo Blade op-ed piece, “Skeldon does his duty, tells it like it is,” Toledo, Ohio dog bite attorney Dale Emch defends Lucas County Dog Warden Tom Skeldon.

As Dale’s column points out, Tom Skeldon works to prevent dog bites and dog attacks by strongly enforcing Toledo’s pit bull laws. Pit bulls, the only breed classified as vicious in the State of Ohio, can cause serious personal injury to victims. The difference in a pit bull bite is the strength of the dog’s locking jaws and the power that comes from their back legs when pits shake their victims. Mr. Skeldon, as well as our Toledo, Ohio dog bite attorneys, recognize this, which is why we continue to support the Lucas County Dog Warden, and his stance on pit bulls.

We also have written The Ohio Dog Bite Book, which outlines what you should do in the event of an Ohio dog bite. If you or someone you know has suffered from a dog bite, it is important know the proper steps to take. Seek medical treatment immediately, and take photos of the injury. Notify the authorities, including your area Dog Warden. If an insurance company contacts you, do not make any statements or sign any medical authorizations before consulting an attorney.

To learn more about these tips and what to do in the event of a dog bite, contact our office to order your FREE copy of The Ohio Dog Bite Book.

Originally posted at InjuryBoard by Chuck Boyk

Ohio dog bite attorney answers readers' questions

Chuck Boyk — Fri, 19 Sep 2008 08:00:00 GMT

Toledo, Ohio personal injury attorney Dale Emch answers general legal questions on all topics, including those on car accidents, dog bites, and wrongful death in his Toledo Blade "Legal Briefs" column. In the column below, he discusses a tenant’s rights.

Dear Dale: My sister has been living with a guy for about three years. She has recently been trying to get him to leave because he has become verbally abusive and sometimes destructive, but he refuses. I would think that being abusive, which her neighbors
Answer: My initial take on this situation is that your sister probably can throw the guy out as long as some provision is made for him to retrieve his belongings.

But your question doesn’t address a few key details, so I’ll try to deal with the “what-ifs” in hopes they’ll be helpful to you or other readers. My main concern about booting the guy out and changing the locks would be if he can be construed to be a tenant who is renting from your sister. If he’s the type of guy who would push the matter on a legal front, it could be a hassle for her to get him out.

In Ohio, a tenant is someone entitled by a rental agreement to use and occupy a residence. A rental agreement can be written or oral. A tenant can be evicted in certain situations, but those evictions have to follow rules spelled out under the law.

For instance, a tenant can be evicted for such things as not paying rent or for holding over past the term of the lease agreement. In that event, the landlord must give the tenant proper notice that he’s being asked to leave and that his eviction could be sought. A complaint would then have to be filed in court and a hearing would be held.

Rental agreements also can be terminated without evictions. For instance, a landlord renting to a tenant on a month-to-month basis without a lease can end the agreement by giving the tenant a month’s notice that he has to move.

So, what does that mean for your sister? It really depends on what their agreement was when he moved in. If they formally agreed that he would pay a set amount of money each month to live there, he’d have an argument that he was a tenant. In that case, to be safe legally, she could give him a 30-day written notice that he must leave.

I’m guessing, though, that they didn’t have a formal agreement. If that’s the case, I don’t think he’d be a tenant under Ohio law, and therefore wouldn’t be entitled to the protections available under the law. He’d be no different than a guest, and his refusal to leave would be a trespass. If that’s the situation, my view is that she can kick the guy out today, change the locks, and make his belongings available to him somehow.

The problem is that in these situations there’s always a rub between the legal and the practical. It’s simply bizarre that your sister has told the guy to get out, but he won’t. He may be the type of guy who is going to make things ugly or messy before she can finally get him out the door, regardless of whether the law is on her side. If he has no rental agreement with her, she should ask him to leave again in front of witnesses, and if he doesn’t, she should call the police.

If he is paying rent and he won’t leave after getting written notice, have your sister contact a lawyer who deals with property-law issues so the process can be done in a legally proper way.

Originally posted at InjuryBoard by Chuck Boyk

Injury website recognizes Toledo, Ohio dog bite attorney

Chuck Boyk — Mon, 15 Sep 2008 17:47:00 GMT

A dog bite injury website based in Seattle, Washington gave recognition to Toledo, Ohio dog bite attorney Dale Emch and his Toledo op-ed piece on Lucas County Dog Warden Tom Skedon.

DogsBite.org stated in their August 23, 2008 post:

"Dale Emch is a Toledo-based attorney. He also writes The Blade's Legal Briefs column and previously worked as a reported and editor at The Blade. Emch recently wrote a piece that supports Skeldon. It is exceptional. Emch nails the true gunners after Skeldon too: 'pit-bull fans who make money by fighting or breeding the dogs.'"

If you or someone you know has suffered personal injury from a dog bite, you need information. The Ohio Dog Bite Book, written by Toledo, Ohio dog bite attorneys Chuck Boyk, Dale Emch, and Mike Bruno, focuses on what do immediately after a dog bite, as well as how to handle the insurance companies.

Some of the tips provided in The Ohio Dog Bite Book include: take photos of the injury as soon as possible, notify the local authorities and dog warden, and do not give any information to the insurance company before consulting an attorney.

To order your FREE copy of The Ohio Dog Bite Book, contact our office.

Originally posted at InjuryBoard by Chuck Boyk

What is the cost of a dog bite injury?

Chuck Boyk — Wed, 10 Sep 2008 16:25:44 GMT

A recent article by MSN Money reported that according to the Insurance Information Institute, the average cost of a dog bite claim was $24,511 in 2007. Emergency room treatment, follow-up appointments with family physicians, and plastic surgery are almost always needed to treat dog bite injuries.

The Centers for Disease Control and prevention report that nearly 4.7 million people suffer dog bites annually, with over one million of those bites requiring medical treatment.

Nationally renowned dog bite attorney Attorney Kenneth Phillips sees on a regular basis the devastation that dog bite injuries cause. The Los Angeles attorney pointed out to MSN Money that dogs killed 32 people last year, and many times there was something that the owner could have done to prevent it.

“I always see something in the dogs history that was a warning sign,” Attorney Phillips said, referring to the dog bite cases he handles. “Either the dog owner does something that created the circumstances that led to the attack, or plenty of evidence of viciousness was presented to the owner and they’ve chosen not to see it.”

Our Toledo, Ohio dog bite attorneys co-counsel with Attorney Phillips on a dog bite case that our office is currently handling. Our attorneys understand the seriousness of dog bites and their resulting injuries, as well as the method that insurance companies use to settle a dog bite claim as cheaply as possible.

If you or someone you know has been injured by a dog bite, you need information. Learn your rights, as well as the secrets that the insurance company does not want you to know, by ordering our free Ohio Dog Bite Book. Contact our office today to order your free copy.

Originally posted at InjuryBoard by Chuck Boyk