Can I Protect My Assets By Putting Them in Trust?

A client recently asked me whether they should put their financial accounts and property into trust in order to protect their assets now that their oldest child got a driver’s license. I thought I’d share my answer with you.

Putting your assets in a trust would NOT give you the protection you are seeking as creditors could still reach the assets of a trust during your lifetime.  Instead, I recommend getting an auto policy of at least $250,000/$500,000 with a $1 million umbrella on top of it.   

Check with your insurance agent because each company is different in terms of the minimums you need to have before an umbrella policy is written.  

Of course, if you are getting an umbrella policy, make sure that the coverage also extends to your uninsured/underinsured policy.

If you have questions about personal injury claims please contact Scott for a no cost, no obligation consultation and case evaluation.

School Injury Law: Parental Liability

Ohio’s parental liability statute, R.C. 3109.10, provides “[a]ny person is entitled to maintain an action to recover compensatory damages in a civil action . . . from the parent of a child under the age of eighteen if the child willfully and maliciously assaults the person by a means or force likely to produce great bodily harm.”

Ohio school injury attorney, Scott Kuboff, discusses the parental liability statute and the nature of the claim:

If your child has been bullied, hazed, or injured at school, please contact Scott for a no cost, no obligation consultation and case evaluation.

R.C. 3109.10: Strict Parental Liability for a Child's Assault

 A school-yard fight.   A neighborhood bully.  An opposing player who loses his cool.   There can be a number of scenarios where your child can become the victim of a willful and malicious assault.   Hopefully the most serious injury will be a bruised ego.  However, if your child suffered serious injury, which required medical attention, you do have an avenue to recover damages.

     In Ohio, R.C. 3109.10 imposes strict liability on the parents of a child who willfully and maliciously assaults another.   Strict liability imposes liability on an individual without the need to prove negligence or some other type of wrongful conduct.  Specifically, R.C. 3109.10 provides, in relevant part:

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