The failure of a business owner or individual to keep his premises in good and reasonably safe condition may result in injury to patrons or guests. For example, if a business owner fails to replace a hand rail going down a flight of stairs, and the customer loses his balance or slips on the step and falls, the business owner is probably liable for the resulting injuries. Likewise, when a business owner becomes aware of recent criminal activities on his premises that may expose his patrons to injury, he may be required to take steps to protect business invitees from future criminal attacks. When the owner fails to provide adequate security or install video cameras or more lighting and an invitee is attacked and harmed, the business can be held liable for the resulting injuries.
Ohio also has a Dram Shop Act which imposes liability on a bar or restaurant owner who knowingly serves a noticeably intoxicated patron alcohol and that patron subsequently leaves the bar or restaurant and injures someone (e.g., drunk driver hits another motorist, drunk patron attacks and injures an innocent patron).
When the negligent or wrongful act of a person causes the death of an individual, that individual’s personal representative may bring an action for wrongful death against the responsible party. The action is a statutory action that allows the personal representative of the decedent’s estate to sue and recover damages for the exclusive benefit of the decedent’s minor children, surviving spouse and parents who are all presumed to have suffered damages as a result of the death.
Damages that may be recovered include loss of support from the future earnings of decedent, loss of the decedent’s services, loss of the decedent’s companionship, love, society, affection, advice, protection, guidance, training, instruction and education, loss of prospective inheritance to the heirs of decedent, and the mental anguish suffered by the surviving spouse, parents and children of the decedent. And while the Ohio legislature has imposed limits on the amount of damages that can be recovered in a personal injury action, there are no limitations on the amount of damages in a wrongful death action.
Physicians must follow rules that govern the particular area of medicine in which they practice. If a physician breaks the rule and injury to the patient results, then he may be liable for the harm caused by his mistake. The rules are known as standards of care. For example, some patients are at high risk for developing blood clots in their lower limbs. There are medications that help prevent the formation of those clots. When a physician fails to identify the risk factors in such patients for developing blood clots, and does not give the patient the anti-clot forming medication, he may be liable for the patient’s subsequent death when the clot travels from the lower limbs and lodges in the pulmonary arteries. The clot, known as a pulmonary embolism, cuts off blood circulation and frequently causes cardiac arrest.
CIVIL RIGHTS ACTIONS/EXCESSIVE FORCE
Police officers are held in high regard and, for the most part, do their jobs and do them well. However, police officers sometimes exceed the lawful uses of their authority and violate the civil or constitutional rights of individuals. When an officer violates the constitutional rights of an individual, such as the right to be free from an unreasonable seizure, and causes injury to that person, he is liable for the resulting harm. Many people are familiar with one of the most outrageous and unreasonable uses of force ever witnessed when police in Los Angeles severely beat, pummeled, and brutalized Rodney King, a defenseless person. A lawsuit to recover damages and attorney fees for violations of an individual’s constitutional rights by police are known as §1983 actions (referring to the federal statute, 42 U.S.C. §1983, which allows recovery for such harm).
Mr. Sheldon has successfully prosecuted premises liability, wrongful death, medical malpractice and many other personal injury actions. He has the resources, knowledge, and experience to prepare a case and win.
Don’t allow the insurance companies, big business, or the police to get away with lowball offers, misconduct, and abuse of authority. When there is a wrong, there is a remedy. It takes courage, time and patience to fight for what is right, to fight for compensation, to fight for your rights. With an experienced trial attorney in your corner and the resources to take on Goliath, you can be confident in pursuing your case.