If you didn’t notice the parking lot on I-271 or I-480 this morning, winter is here. As the conditions become slick due to the snow, ice, and slush, it is not uncommon that individuals to sustain significant injuries in slip and falls.
In Ohio, there is a “no duty” winter rule which comes into play in – you guessed it – winter; and ill typically apply in falls in parking lots, entryways, and sidewalks, to name a few. However, this “no duty” winter rule does not foreclose an injured individuals ability to recover.
Before I discuss the winter rule, remember that when the alleged negligence occurs in the premises-liability context, the applicable duty is determined by
Read moreSome potential clients are concerned that they are opening up their entire medical history by filing a personal injury claim or lawsuit. Whatever the reason, you should know that R.C. § 2317.02 establishes several testimonial privileges that can be asserted to prevent someone with a special relationship to a party (i.e. husband or wife, attorney, clergy, etc.) from testifying in court proceedings relative to communications made to them by the party. One privilege that is codified is the physician-patient privilege. This testimonial privilege is certainly relevant in personal injury or medical malpractice cases.
Specially, R.C. § 2317.02(B) provides that physicians "shall not testify" concerning "communication made to the physician... by a patient in that relation or the physician's... advice to a patient..." unless (1) the patient has waived such privilege or (2) the request falls within one of the exceptions.
Read moreI frequently get phone calls and emails concerning individuals who were injured as a result of a trip and fall or a slip and fall on someone’s property or at a place of business. Typical injuries range from a concussion to a broken leg or a dislocated shoulder. Some injuries are quite significant, requiring surgical repair and many months of rehabilitation. However, just because someone was injured as a result of a fall, does not necessarily mean that he or she has a viable claim for negligence. In my experience, these types of claims are most always contested and vigorously defended.
Premises liability – i.e. the liability of the landowner – is a fairly nuanced area of the law. The purpose of this article is not to delve into every aspect of premises liability (I’ll save some for later) but, rather, to give you a general overview of what is needed to bring (and prove) a viable claim.
Read more