Sandusky Personal Injury Lawyer - Personal Injury

Research finds ATV accident wrongful deaths skyrocket with expired CPSC regulations

Chuck Boyk — Thu, 20 Nov 2008 11:12:00 GMT

Statistics on ATV accidents as well as the ATV accidents our office handles are devastating, especially when the ATV accident has jeopardized a child’s health and safety. Our Toledo, Ohio ATV accident attorneys depend on research performed by our office, along with research performed by government agencies, to provide accurate information to the general public.

That is why we are including the following report by Robin Ingles, which was published in December 2007 in the Washington Post. The report focuses on ATV accidents and the number of wrongful deaths and injuries resulting from them.

Read the following excerpt from Ms. Ingles’ Washington Post article, “Which Toys Are Okay? Don't Ask the Safety Police.”

One of my first projects as a statistician in the Directorate for Epidemiology at CPSC was to generate statistics on injuries and deaths associated with all-terrain vehicles. I read hundreds of police reports and autopsies of children and adults who had died when their ATVs rolled onto them or when they crashed into trees because the vehicles were too big and powerful to control.

Each spring for five years, I sat at my desk behind stacks of fatality reports that rose higher than my head. One year I hung a wall map by my desk and put dots at the location of each death: red for children, yellow for adults. By my third year on the project, West Virginia was obliterated by the tiny dots. Eventually I realized that there were too many deaths to track on a map, and it was too depressing.

In the 1990s, the industry had been bound by strict regulatory agreements with CPSC, but they had expired in 1998. Since then, the deaths and injuries have skyrocketed: In 1999, an estimated 536 people died on ATVs. By 2004 that number had climbed to 767. If current trends continue, the number of ATV deaths will soon exceed 900. In 2005, U.S. emergency rooms treated an estimated 136,700 ATV-related injuries. Last year they treated even more. A quarter to a third of the dead and injured were children.

Industry representatives suggest that the increase in injuries and deaths is the result of higher sales, but CPSC's own statistical research -- what little of it the agency has released -- shows that other factors are at work.

Click here for the full article.

If you or someone you love has been injured in an ATV accident, order your FREE copy of The Ohio Accident Book to learn your rights.

Originally posted at InjuryBoard by Chuck Boyk

Ohio ATV accident lawyers learn from State of Oregon mom

Chuck Boyk — Mon, 17 Nov 2008 18:01:00 GMT

Sue Rabe fought hard to get Oregon Senate Bill 49, “Kyle’s Law,” passed, which would prohibit anyone under 12-years-old from operating an ATV. It would also put stronger restrictions on ATV riders between 12 and 15 years of age, and make helmet use mandatory.

Sue knows firsthand the devastation that ATV accidents can have on a family. Our Toledo, Ohio ATV accident attorneys had help continuing their blog series on ATV safety from this mother, also the co-founder of Concerned Families for ATV Safety.

The Rabe family lost their son, Kyle, to an ATV accident when he was only 10 years old. He had been riding for over a year and a half without any accidents. His parents write on the website that he was a very cautious, skilled rider wearing boots, gloves, several layers of clothing and a full face, approved helmet.

But all of those factors did not prevent an ATV accident.

“It’s devastating,” said Sue Rabe of Turner, Oregon. “Kyle was three months shy of his 11^th birthday. Until you have children, you won’t understand that they become your number one. They are everything to you.”

While Oregon Senate Bill 49 did not pass, Sue believes that all of the lobbying and attention that Kyle’s Law received helped save lives.

“Last year not one child in the state of Oregon died in an ATV accident,” Sue said. “The year before, eight kids died. Apparently someone is listening.”

Stay tuned for our on-going series on ATV accidents as we report the information that Concerned Families for ATV Safety and Sue Rabe has provided us with.

Originally posted at InjuryBoard by Chuck Boyk

Injuries caused by ATV accidents can be devastating

Chuck Boyk — Fri, 14 Nov 2008 18:09:43 GMT

As discussed in our last blog, ATV accidents can frequently be seen with the use of a Yamaha Rhino.

The Rhino’s high center of gravity and narrow wheelbase makes it tip easily, which can lead to ATV rollover accidents. The rollbar and seatbelts do nothing to protect the lower legs, which can be ejected during a tip or roll.

Injuries from an ATV accident can include broken arms or legs, including hands and feet. Often during a rollover ATV accident, the driver’s leg becomes pinned under the 1,100-pound ATV, crushing the limb. There have been cases where the injury to the leg leads to amputation.

Children involved in an ATV accident are more likely to suffer wrongful death. Their small bodies cannot control the weight of the ATV, making it easier for them to run into another object, roll the ATV over, or fall off the vehicle.

Severe head wounds are one of many injuries that can happen to kids during ATV accidents. Brain injuries, fractures, and spinal cord injuries can often occur, which could lead to wrongful death.

If you or someone you love has been injured in an ATV accident, order your FREE copy of The Ohio Accident Book to learn your rights. Contact our office today for your free consultation and case evaluation.

Originally posted at InjuryBoard by Chuck Boyk

Emotional distress questions answered by Toledo, Ohio car accident lawyer

Chuck Boyk — Tue, 04 Nov 2008 15:27:00 GMT

What happens is someone else’s recklessness causes you to suffer emotional distress? Are you entitled to any sort of compensation? Toledo, Ohio car accident lawyer Dale Emch addresses the issue of emotional distress as a type of personal injury in his most recent Toledo Blade “Legal Briefs” column.

Dear Dale: I am interested in finding out whether I can make a claim against my doctor for causing me tremendous emotional distress. Could you please address this issue in your column?

ANSWER: The quick answer is that people can sue for infliction of emotional distress, but without knowing the specifics of your situation, it's really tough to say whether you have a claim. I'll try to provide you with enough information about the law so you can decide whether you have a case worth pursuing.

Under Ohio law, people can bring claims for intentional infliction of emotional distress and negligent infliction of emotional distress. The two are very different - one requires purposeful behavior, while the other is similar to an accident. It's sort of like the difference between someone who purposely rams his car into another driver's vehicle, as opposed to the person who causes a routine traffic accident because he took his eyes off the road.

A claim for intentional infliction of emotional distress requires extreme and outrageous conduct caused by someone's intentional or reckless behavior. The person bringing the claim has to demonstrate serious emotional distress.

Here's an example of intentional infliction of emotional distress: Let's say Bob, a CPA, decides to destroy his business rival, Barbara, by sending anonymous letters to some of her best customers that she's being investigated by the FBI for embezzling clients' money and, by the way, that she's also having an affair with a 16-year-old boy.

Further assume that poor Barbara's client base begins to dwindle and that her husband divorces her because he's heard the rumor about the 16-year-old. Finally, let's say that all the stress from the business failure and her divorce causes Barbara to experience a severe depression as well as debilitating anxiety attacks for which she seeks mental health treatment.

Fortunately, Barbara finds out that Bob is the culprit of her financial and emotional demise. In this case, she can bring a claim against Bob for intentional infliction of emotional distress (as well as a lot of other claims). As the Ohio Supreme Court put it, it's the type of behavior that would make someone exclaim, "Outrageous!"

Barbara would be able to sue for her medical bills for the mental health treatment she received, the pain and suffering she experienced, her lost wages, and punitive damages designed both to punish Bob and serve as an example to others that such outrageous conduct won't be tolerated in our society.

A claim for negligent infliction of emotional distress generally would result from accidental conduct. Here's an example: John, while fiddling with the radio, loses control of his car, runs up onto the sidewalk and strikes little Rodney who is taking a walk with his mother, Marjorie. Rodney survives, but Marjorie develops post-traumatic stress syndrome and enters extensive counseling to deal with her mental health issues.

In this case, Marjorie would be able to bring a claim for negligent infliction of emotional distress. Some of the factors to consider would be that she witnessed the scene of the accident - in fact, she was almost physically injured herself, she suffered a direct emotional impact, and Rodney was related to her.

Marjorie would be able to seek compensation for the bills incurred to treat her post-traumatic stress syndrome, the pain and suffering she experienced, and wages lost from missing work. Unlike with intentional infliction of emotional distress, she wouldn't be able to seek punitive damages because John's conduct was not purposeful or reckless - it was simply an accident.

I can't answer whether you have a claim because I don't know the details, but I hope this provides a framework for you to examine your situation.

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

Choose toys carefully to prevent personal injury or wrongful death

Chuck Boyk — Wed, 01 Oct 2008 08:41:00 GMT

Not all toys are as safe as they appear to be.

Our Toledo, Ohio personal injury attorneys urge parents to carefully choose the toys their children play with, and supervise them at all times. Make sure the toys are age-appropriate, and cannot be swallowed.

A settlement of more than $1 million was recently reached after a four-year-old boy ingested a pair of small magnets made by Rose Art, according to the Jere Beasley Report. The toys stuck together inside the boy’s digestive system, lodging in his pelvis. Surgery performed after two ER visits saved the boy from suffering wrongful death, but his will have digestive problems for the rest of his life, including abdominal pain, constipation, and diarrhea, and will be forced to always adhere to a strict diet.

The plaintiffs argued that even though there was a “choking hazard” warning label on the toy, the packaging did not disclose the severity of ingesting the magnets, or the serious personal injury that their magnetic attraction could cause.

If you or someone you love has suffered personal injury from a defective product, contact our Toledo, Ohio products liability attorneys to learn your rights and for your free consultation and case evaluation.

Originally 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

Toledo, Ohio attorney Dale Emch discusses civil suits involving the actions of a minor

Chuck Boyk — Mon, 08 Sep 2008 22:58:00 GMT

Toledo, Ohio dog bite attorney Dale Emch addresses a tough issue surrounding a civil lawsuit involving a minor in his Toledo Blade “Legal Briefs” column. If you have a general legal question on topics such as car accidents, dog bites, or workers’ compensation, send them to Attorney Dale Emch. Attorney Emch may also consider the question for his bi-weekly column.

Dear Dale: My 4-year-old daughter told us recently that a 13-year-old boy touched her inappropriately. We called the police and took her to the hospital for an exam. I want to know what our legal options are. I want the boy's parents to pay for her medical treatment and I'd like to know if I can sue them for his actions.

Answer: I think you're going to have to watch where the criminal investigation goes before you start exploring any civil remedies you might have. My gut feeling is that a civil suit ultimately will be a waste of your time and emotional energy.

Under judge-made law, parents can be held liable for the wrongful acts of their minor children in limited circumstances. Parents can be on the hook for their child's actions when they negligently entrust the child with something like a car or a gun when the child's immaturity or inexperience makes them a danger to others.

Parents also can be liable when they don't exercise reasonable control over their child even though they knew or should have known that their child probably would injure someone in a particular circumstance.

And, if a parent consents to a child's wrongdoing, directs it, or allows it, the parent can be held responsible for any injuries caused by the child.

The Ohio Revised Code also has a section that allows parents to be held liable for a minor child's willful and malicious assault by force likely to cause great bodily harm. Under that section, the parent's liability is limited to $10,000 and the cost to bring the suit.

In your situation, I think you're going to have to wait for the criminal investigation to conclude to see if the police determine that the sexual molestation occurred and, if so, if the evidence is sufficient to prove it. I won't get into the difficulty of proving a case like this, especially with a 4-year-old victim, but it probably wouldn't be easy unless the boy confessed or there's DNA evidence.

Given the legal standard for a civil case, I think the only way you could hold the parents liable is if you could show that the boy's parents knew he had previously committed this type of act and, despite that knowledge, they still left him unsupervised around little kids. In that scenario, you might have a viable claim against the parents.

But, even assuming the investigation reveals that information, it still might not be worth pursuing a civil claim. The parents' homeowner's or renter's insurance would not cover them for this kind of intentional criminal act. That means that you would have to pursue the parents' personal assets, which, in most situations, probably wouldn't be that significant. That's not always the case - the personal injury attorneys in our office have sued people without insurance coverage who have injured our clients, but it's rare.

You also have the option of suing the boy. You could get a judgment against him and force him to start paying on it when he enters the workforce, but you're not going to find many attorneys who would take that case.

Regardless of whether you could or should pursue a lawsuit, it might be worth your time to talk to the boy's parents. I'm guessing that if they're convinced their son molested your daughter, they'd be willing to pay for any medical treatment or counseling that she required.

Originally posted at InjuryBoard by Chuck Boyk

New school year brings more kids near roads; avoid pedestrian car accidents

Chuck Boyk — Mon, 25 Aug 2008 17:06:00 GMT

Our Toledo, Ohio car accident attorneys recognize that the more kids there are on the road, the greater the chance for pedestrian accidents. With the start of a new school year, more kids will be waiting for buses and walking to school. Follow these tips to keep kids traveling to and from school free from personal injury.

• Pay extra attention

Drivers need to pay extra attention to the road, due to the increased number of children standing near the street.

• Train your eyes to look for small children

Many drivers are not used to seeing children out and about in the early morning hours. Their eyes are not trained to look for small bodies, only for other cars. Teach your eyes to look for kids first.

• Check behind your car

Before even leaving your driveway, make sure that there are no children near or behind your car.

Kids and Cars, a child advocacy group, estimate that vehicular backovers take the lives of two children per week. Vehicular backover wrongful deaths occur when a driver is unaware that a person is behind their car, and they proceed to leave a driveway or parking spot in reverse, striking them or running them over.

“Small children are very likely to be at the wrong place at the wrong time,” Attorney Chuck Boyk said. “Extra caution is essential to protect everyone. Rollover accidents are devastating for entire families and will gravely impact them forever.”

• Know where your kids are

Make sure your children as well as those nearby your home are aware of your departure. Encourage them to stand at a safe, visible distance to “wave goodbye,” to ensure that you know where they are before backing up.

• Be cautious when backing out

When backing out, always roll down the window to listen for children playing near or behind your car, who you may not be able to see.

• Practice intersection safety

Be extra attentive when crossing an intersection. Sometimes children dart from behind cars, or fail to use crosswalks. Wait an extra few seconds before advancing after a light turns green, to make sure that the road is clear. Also be sure to stop early at a yellow light, even if you think you could make it through the intersection before the light turns red.

• Help bus drivers and crossing guards

Obey all school bus stop signs and crossing guards. They are there to help children travel to and from school safely, and their job depends on drivers following their lead. Help kids have a safe start back to school!

Originally posted at InjuryBoard by Chuck Boyk