Findlay Personal Injury Lawyer - Child

Final tips to prevent pedestrian car accidents this Halloween

Chuck Boyk — Tue, 28 Oct 2008 10:45:06 GMT

Our Toledo, Ohio car accident lawyers urge parents to be extra careful when taking their kids trick-or-treating on Halloween, and encourage the children to also be cautious. Prevent pedestrian car accidents by following these tips:

• Carry a flashlight.

The more noticeable you make yourself to cars, the better. Carrying a flashlight will not only help you to see where you are going, it will also help drivers to see you. In the event of an emergency, a flashlight could also aid in signaling for help.

• Wear costumes that fit properly, including appropriate shoes.

Costumes should fit snuggly, with no hanging fabric or objects. Loose material can cause a trick-or-treater to trip and fall. Durable, no-slip shoes should also be worn for the same reason, even if they don't match your costume.

• Plan your route

Following these tips can help keep Halloween fun and injury free, but encourage your kids to also be smart if they are old enough to trick-or-treat without a parent. Here are a few common-sense guidelines: Never enter a stranger's house without a parent, no matter what reason the owner gives you. Wear a watch to keep track of the time, and check in regularly to let parents know you're safe. Never walk alone. Staying in a group will ensure that at least one person can help you if something happens. Remember, if something seems suspicious, trust your judgment. Leave the area and tell a responsible adult about it.

If you or someone you know has been injured in a car accident, you need information. Order your FREE copy of The Ohio Accident Book to learn your rights. Contact our office today for a free consultation and case evaluation.

Originally posted at InjuryBoard by Chuck Boyk

Boy swallows toy magnets, emergency surgery prevents wrongful death

Chuck Boyk — Fri, 03 Oct 2008 08:39:00 GMT

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

Are you financially responsible for damages caused by your minor child?

Chuck Boyk — Tue, 16 Sep 2008 17:37:00 GMT

What do you do if your minor child has committed a crime? Can you be held responsible for his actions? Are you financially liable for any damages his crime might have caused?

Toledo, Ohio dog bite attorney Dale Emch addresses these tough question 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