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Pit bull attacks Toledo woman, causing serious personal injury

Anneke Kurt — Wed, 30 Apr 2008 14:51:17 GMT

Toledo, Ohio dog bite attorney Dale Emch sees the danger that vicious dogs and dog bites can bring to families, which is why he testified at an Ohio General Assembly Committee regarding laws surrounding vicious dogs. Dog bites can cause serious personal injury, including permanent scarring or emotional problems, especially when it is a child that is bitten.

A West Toledo woman suffered personal injury from dog bites when she was attacked by two pit bulls in her own home yesterday. According to Lucas County Dog Warden Tom Skeldon, the woman suffered bites to her legs.

Our Toledo, Ohio dog bite attorneys urge people to be careful around all dogs, regardless of their breed. Avoid petting dogs you are not familiar with and never tease or taunt an animal, especially one that is eating or sleeping, in order to prevent personal injury from a dog bite.

Originally posted at InjuryBoard by Anneke Kurt

Encourage children to use helmets for bicycles, ATVs

Anneke Kurt — Tue, 06 May 2008 15:30:09 GMT

Traumatic brain injury is the leading cause of death and disablement among children, and as many as 3,000 children suffer die from brain injuries, according to the National Safe Kids Campaign.

One way to prevent these personal injuries is to have your child wear a helmet at all times when participating in any wheeled activity such as riding an ATV or bicycle. Safe Kids USA reports that helmets can reduce the risk of brain injury by as much as 88 percent, when worn properly.

When fitting a helmet for your child, make sure it fits snuggly and close to the head. The chinstrap should be tight to the chin without causing pain, in order to prevent the helmet from sliding back behind the head. The helmet should stay in place regardless of body movement. Never buy a helmet that is too large, with the thought that a child can grow into it. Buy a snug-fitting helmet and replace it as your child grows. If there are gaps between the child’s head and the helmet, the helmet cannot protect properly. Also make sure that the helmet does not obstruct vision, especially peripheral vision.

Our Toledo, Ohio, personal injury attorneys urge parents to wear their helmets and to teach their children how to protect themselves. Not only should children wear a helmet to prevent personal injury, they should always use sidewalks and never ride in the road. Stay visible to drivers backing out of driveways, and never weave in and out of traffic on an ATV or bicycle. If parents allow their children to ride on an ATV, they should be supervised at all times to avoid personal injury from an ATV accident. Children are more likely to rollover or lose control of large, heavy ATVs, due to their small size and weight.

Originally posted at InjuryBoard by Anneke Kurt

Toledo, Ohio workers' compensation attorneys discuss work injury process

Anneke Kurt — Wed, 09 Apr 2008 16:14:38 GMT

Our Toledo, Ohio workers’ compensation attorneys understand that workers’ compensation claims are much different than the negligence cases that result from situations like car accidents or dog bites. In a negligence case, you can be compensated for your medical bills, damage to your property, and your pain and suffering. In some cases, you can even seek additional money to punish someone for their bad behavior, such as when you’re struck by a drunk driver. If a lawsuit needs to be filed, it’s done through the court system and the case is heard by a judge.

The workers' compensation system was set up to eliminate many of the claims that could be brought through a negligence case. The Ohio General Assembly designed a system that helps employers minimize the costs they might have to bear through employee personal injuries. The theory is that if employers had to pay for things like pain and suffering, or punitive damages, it would be too expensive to do business. Having to defend the cases in court would cost even more money. Whether or not you believe that’s fair to employees who are hurt on the job, that’s the system we have. Instead of having cases heard by a judge or jury, work comp claims are handled through an administrative hearing officer.

The state requires employers to be self-insured or to pay into a fund that is used to compensate injured workers for things like the wages they lost due to the injury and for their medical bills. It’s a no-fault system, which means that it doesn’t matter whether you were injured because of your own actions or as the result of a co-worker or supervisor’s actions. If you were injured on the job, you’re generally allowed to file a claim and get some type of compensation.

In some situations, if an employer’s actions were so outrageous because they ordered an employee to undertake a very dangerous task without the proper safety conditions or if they failed to correct a known safety hazard, the case can be taken out of the worker’s compensation system. The legislature, though, has made filing these types of lawsuits extremely difficult so not many people would qualify.

Originally posted at InjuryBoard by Anneke Kurt

Findlay, Ohio car accident Dale Emch on intra family exclusions | Findlay, Ohio car accident attorneys

Chuck Boyk — Fri, 06 Mar 2009 14:08:00 GMT

Findlay, Ohio car accident lawyer Dale Emch wrote a very interesting article in the Toledo Blade on intra family exclusions in auto insurance policies. He has posted it on his Toledo, Ohio car accident blog.

If your auto policy has an intra family exclusion, it could mean that your family would not be protected in the event that you cause an Ohio car accident. The exclusion allows for the insurance carrier to deny the claim if you cause the accident, which also means that the insurance company would refuse to pay for your passengers’ medical bills, lost wages, or pain and suffering.

If you or someone you know has suffered injuries from a Findlay, Ohio car accident, you need information. Contact our Findlay, Ohio car accident lawyers today to receive your FREE copy of The Ohio Accident Book, or to schedule a free, no-obligation case evaluation and consultation.

Originally posted at InjuryBoard by Chuck Boyk

Find out what to do in event of injury accident, Toledo, Ohio attorney answers questions

Chuck Boyk — Tue, 19 Aug 2008 17:09:00 GMT

What do you do in the event of a car accident? What happens if you are injured at work? Who pays the medical bills if you are the passenger in a car wreck? Toledo, Ohio car accident attorney Dale Emch answers readers’ questions in his most recent “Legal Briefs” column found in the Toledo Blade. If you have a general legal question you would like addressed, contact our office. Mr. Emch will consider all questions for publication in his column, including those inquiring about car accidents, workers’ compensation, and dog bite injuries.

Dear Dale: Earlier this year, I was charged with assaulting a man following a traffic confrontation. I never struck the man and the case eventually was dismissed. This man told the police I hit him and based on what he said, I was arrested. I'm so angry that I was held in jail, even for a short time, and that I had to defend myself on this charge that I want to sue the small police department that arrested me. It just wasn't right, what they put me through, and I've found that I no longer trust the police.

Bringing a claim for wrongful arrest against a police department is possible, but you're looking at an uphill battle. Both state law and common law made by judges set a very high standard for suing the police or any public official for action taken in the performance in their duties.

The idea is that police need to make judgment calls all the time, so exposing them to lawsuits every time they get it wrong - or someone alleges they got it wrong - would discourage people from being public officials and would cost communities a lot of money to defend them.

People making these allegations can go down a few paths even in the same lawsuit. One route is to allege that the police committed a violation of federal law by violating the person's rights under the U.S. Constitution. Even if the person bringing the suit can show his rights were violated, a concept called qualified immunity protects an officer if the officer misunderstood the law in the particular circumstances or a reasonable officer would understand that his actions violated the person's rights. That is one tough burden of proof to overcome, but it's not impossible because these cases are successfully brought from time to time.

The other route a person advancing such a claim can explore is a state-law civil action for wrongful arrest and false imprisonment. In Ohio, the law presumes that officers are immune from state civil suits. An officer - and the city or governmental entity for which he or she works - can be stripped of immunity in limited circumstances.

A person making such a claim under state law must show that the officer acted with malicious purpose, in bad faith, or in a wanton or reckless manner. Without getting bogged down in the specific legal definitions of all those terms, it's safe to say the officer pretty much had to intentionally desire to wrongfully arrest someone or acted so recklessly that the conduct could be viewed an intentional deviation of duty. So, again, that's a high standard to meet.

It's not enough for an officer to simply make a mistake. Just getting it wrong doesn't mean the officer should lose his immunity and be forced to defend a lawsuit.

All of these cases are fact-specific. Applying the situation to the facts you described, my gut feeling is that your case would get bounced out of court by a judge before it could even be presented to a jury. It sounds like the person who claims you hit him convinced the police that the incident likely occurred. The police apparently found him credible enough that they believed they had probable cause to arrest you. Having probable cause doesn't mean that there was enough evidence to convict you - it just means that based on the totality of the circumstances, the police believed they had trustworthy information that you committed the assault.

So, unless you can prove - not through your suspicions or conjecture - that the police knew you were innocent but decided to arrest you just for kicks, or that their decisions amounted to recklessness so severe that it could be construed as intentional conduct, you probably couldn't prevail. I don't want to be redundant, but just making the wrong decision or believing the wrong person isn't enough for an officer to lose the shield of immunity.

Dismissal of the criminal charges may be the only satisfaction you're going to get out of this situation, which probably seems like a hollow victory.

Originally posted at InjuryBoard by Chuck Boyk

Prevent personal injuries from ATV accidents

Anneke Kurt — Fri, 25 Apr 2008 14:44:14 GMT

All-terrain vehicles are too dangerous for most children to handle, according to the Alberta Centre for Injury Control and Research in Canada.

Many ATV accidents in Toledo and throughout northwest Ohio could be avoided by preventing children under the age of 16 from riding the fun, but dangerous vehicles.

The popular Yamaha Rhino has caused a number of ATV accidents, resulting in serious personal injury and wrongful death, according to the Jere Beasley Report. The Rhino’s tall, top-heavy design and narrow wheelbase could make the ATV tip over, even at a low speed or when making a normal turn. Severe personal injuries can occur when occupants put their arms or legs outside of the ATV in an effort to stop it from tipping.

The heavy vehicle can crush the limbs, which may result in the need for surgeries, skin grafts, or amputations. In some cases, accidents have led to ATV fatalities.

As summer approaches and families spend more time outside using outdoor recreational vehicles, our Toledo, Ohio, personal injury attorneys urge parents to take extra caution if you choose to let your child ride on an ATV. Always make sure that they are wearing a helmet and seatbelt, and are supervised by a responsible adult at all times. Prevent personal injury and ATV accidents by encouraging safe driving. Avoid quick turns, high speeds, or irresponsible maneuvers.

Originally posted at InjuryBoard by Anneke Kurt

Motorcyclist Hospitalized After Collision In Liberty Township

Chrissie Cole — Fri, 21 Aug 2009 23:05:00 GMT

A motorcyclist, 21, was taken to the hospital Friday morning following collision on County Road 313 between County Road 9 and Interstate 75 in Liberty Township, reports the Hancock County Sheriff’s Office.

Cameron E. Franks, of Findlay, was airlifted to St. Rita’s Medical Center, where he remained in serious condition Friday.

The motorcycle/car accident happened when Kevin Karrick, 38, of Findlay attempted to turn his Chevy Cobalt off of County Road 313 into Hancock Gas. He didn’t see Franks approaching and his vehicle was struck in the side by the motorcycle causing Franks to be thrown from his bike.

For more information about car accidents in Ohio, the Ohio Department of Public Safety released “Ohio Traffic Crash Facts 2008.”

Originally posted at InjuryBoard by Chrissie Cole

Findlay, Ohio car accident lawyer gets blasted in newspaper | Findlay, Ohio car accident lawyer

Chuck Boyk — Fri, 13 Mar 2009 21:27:00 GMT

When Toledo, Ohio car accident lawyer Dale Emch wrote a Toledo Blade article on Intra Family Exclusions, he didn't expect to receive such a harsh response from a local insurance agent in a Letter to the Editor. Read the response to Toledo, Ohio car accident attorney Dale Emch and see for yourself.

Attorney Emch went on to write a rebuttal, defending his stance that he is only trying to look out for the little guy in the event of an Ohio car accident. Here is an excerpt of his response:

My view is that passengers who are injured in a car accident should be entitled to receive compensation for medical expenses, lost wages, and pain and suffering even if the accident was caused by a driver who was an insured family member.

While not all auto insurance policies contain an Intra Family Exclusion, it is still a good idea to check with your agent to see if yours does. A ten-minute phone call could save you years of suffering if you are ever involved in an Ohio car accident. If you or someone you love is injured in an Ohio car accident, contact our office today to order your FREE copy of The Ohio Accident Book.

Originally posted at InjuryBoard by Chuck Boyk

Findlay, Ohio car accidents can happen even in the driveway | Findlay, Ohio car accident lawyers

Chuck Boyk — Tue, 10 Mar 2009 21:12:00 GMT

How many fatal car accidents occur each year that don't happen in traffic?

According to The National Highway Traffic Safety Administration, over 33 people die and 16,000 are injured each week in the United States in non-traffic car accidents. Non-traffic fatal car accidents include accidents such as vehicular backovers, children being strangled when a motorized window goes up, kids passing away after being left in a hot automobile and suffering from hyperthermia, carbon monoxide poisoning, and car fires.

KidsandCars.org, a non-profit organization that advocates for kids and automobile safety, was happy to see the statistics finally gathered and released, since they have been rallying to have the government gather info on fatal car accidents and injuries that do not happen on the roads.

Our Findlay, Ohio car accident lawyers urge parents to be extra careful with their kids around cars, regardless if you are on the road or in your driveway. If you or someone you know has been injured in or around a car, contact our office today to order your FREE copy of The Ohio Accident Book.

Originally posted at InjuryBoard by Chuck Boyk

Is your family protected from a Findlay, Ohio car accident?

Chuck Boyk — Tue, 03 Mar 2009 14:11:00 GMT

Even though you buy full coverage auto insurance to protect you and your family in an Ohio car accident doesn't mean that you will be fully covered.

Our Toledo, Ohio car accident lawyers see cases where an Intrafamily Exclusion is deeply written in an auto policy, which denies coverage if the Ohio car accident is caused by a family member. Many families do not know that their full coverage policy contains this exclusion - even though they pay extra money for what they think is full coverage.

Our Toledo, Ohio car accident lawyers urge drivers to double check with their insurance agents to see if this clause is present in their policy. If it is, make arrangements to change coverages. An Ohio car accident is jut that - an accident. Everyone should be entitled to compensation after an Ohio car accident, regardless of who causes it.

If you or someone you love has been injured in a Toledo, Ohio car accident, contact our office to receive your FREE copy of The Ohio Accident Book.

Originally posted at InjuryBoard by Chuck Boyk