Ohio's Recreational User Immunity Statute

A lot of folks get outside in the fall to hunt, run cross country, or race cyclocross. Many times, these activities are on private land. Let’s talk about who is responsible if someone is injured.

Ohio has a “recreational user” statute – RC 1533.181 – which grants immunity to private landowners for injuries to recreational users on their land. This includes people who hunt, fish, camp, hike, ride bikes, and play games. There is no obligation for the landowner to make the land safe nor is there liability for any injury caused by an act of another recreational user.

The Ohio legislature enacted the recreational user statute to encourage landowners to allow access for recreational pursuits on their private, open property – without the associated liability for injury.

The exception, however, is if the private landowner charges some type of fee or receives some other benefit in exchange for access to land.

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

Ohio's Agrotourism Immunity Statute

It’s fall festival time and many families will be taking their little ones to Ohio’s farms for apple picking, corn mazes, and other activities.  

Let’s talk about who is responsible if someone is injured

In Ohio “agrotourism” means any agriculturally-related entertainment or recreational activity. Apple picking and fall festivals are considered “agrotourism.” RC 901.80(B) grants immunity to farm owners from liability for injuries a person sustains that is an inherent risk to agritourism. Immunity means they are not legally responsible. Examples include:

• Fractured ankle due to holes in the field

• Injured by an animal in a petting zoo

• Fall from a hay bale play yard or hayride

Further, this section doesn’t even require farm owners to eliminate those risks

Now, there are exceptions to immunity which include:

• Farm owner purposely harms people or otherwise acts in willful and wanton disregard for peoples safety

• Farm owner has knowledge (or should have knowledge) of a dangerous condition that is not inherent to the activity and does not warn people about it

• Farm owner fails to post signage warning participants of the inherent risks as required by statute

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

Medicaid Liens

Today we’re talking about Medicaid liens which is a form of subrogation. If you do not know what subrogation is, be sure to watch my previous video.

Medicaid is a “secondary payer” meaning its obligation to pay is second to the at-fault party’s responsibility.

Technically speaking, Medicaid has a statutorily-created “right of recovery,” not a subrogated interest in the claim – meaning the at-fault party may have to reimburse Medicaid even if you receive nothing from the at-fault party.

Since the right of recovery extends beyond the at-fault party – meaning Medicaid can recover from the claimant, insurance companies, as well as involved law firms – it is imperative your lawyer notify Medicaid of the claim as soon as possible.

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

Medicare Liens

Today we’re talking about Medicare liens which is a form of subrogation.  If you do not know what subrogation is, be sure to watch my previous video.

Medicare is a “secondary payer” meaning its obligation to pay is second to the at-fault party’s responsibility. However, to help its insureds promptly pay medical bills, Medicare issues “conditional payments” to medical providers.

Technically speaking, Medicare has a statutorily-created “right of recovery,” not a subrogated interest in the claim – meaning the at-fault party may have to reimburse Medicare even if you receive nothing from the at-fault party.

Since the right of recovery extends beyond the at-fault party – meaning Medicare can recover from the claimant, insurance companies, as well as involved law firms – it is imperative your lawyer notify Medicare of the claim as soon as possible. 

In most cases, we can negotiate with Medicare to reduce the amount that is required to be paid back – thereby putting more money in our client’s pockets.

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

How to Obtain Your Medical Records

Medical records are the bedrock of any personal injury claim. They tell us about your injuries, your limitations, and what treatment was needed to make you better.

A lot of health systems have moved to electronic records for which clients have fairly easy access. However, that’s not always the case and, even if it is, not everything that you need is available.

RC 3701.74(B) is a statute that requires health providers to permit a patient to examine their record during regular business hours without charge or, on request, provide a copy of the record for a small fee.

R.C. 3701.74(B) provides:

(B) A patient, a patient's personal representative, or an authorized person who wishes to examine or obtain a copy of part or all of a medical record shall submit to the health care provider a written request signed by the patient, personal representative, or authorized person dated not more than one year before the date on which it is submitted. The request shall indicate whether the copy is to be sent to the requestor, physician or chiropractor, or held for the requestor at the office of the health care provider. Within a reasonable time after receiving a request that meets the requirements of this division and includes sufficient information to identify the record requested, a health care provider that has the patient's medical records shall permit the patient to examine the record during regular business hours without charge or, on request, shall provide a copy of the record in accordance with section 3701.741 of the Revised Code, except that if a physician, psychologist, licensed professional clinical counselor, licensed professional counselor, independent social worker, social worker, independent marriage and family therapist, marriage and family therapist, or chiropractor who has treated the patient determines for clearly stated treatment reasons that disclosure of the requested record is likely to have an adverse effect on the patient, the health care provider shall provide the record to a physician, psychologist, licensed professional clinical counselor, licensed professional counselor, independent social worker, social worker, independent marriage and family therapist, marriage and family therapist, or chiropractor designated by the patient. The health care provider shall take reasonable steps to establish the identity of the person making the request to examine or obtain a copy of the patient's record.

Health providers must respond within a reasonable time and, if they fail to do so, RC 3701.74(C) permits a patient to file a lawsuit to obtain their medical records:

(C) If a health care provider fails to furnish a medical record as required by division (B) of this section, the patient, personal representative, or authorized person who requested the record may bring a civil action to enforce the patient's right of access to the record.

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

Pro Rata Subogration - Revised Code 2323.44

Today we’re talking about R.C. § 2323.44 and the rights of an injured party as it relates to subrogated interests. If you do not know what subrogation is, be sure to watch my previous video.

R.C. 2323.44 provides that if an injured party receives less than the full value of their claim due to:

1. The injured parties own comparative fault

2. A third-party’s liability is diminished due to an allocation of responsibility between several parties

3. By reason of the collectability of the full value of the claim due to limited insurance or other cause

In such cases, the subrogee's claim shall be diminished in the same proportion as the injured party's interest is diminished. This pro-rata reduction typically comes into play with private health insurance, med pay insurance, or any other contractual-based subrogation claim. This statute is a powerful tool for me to use to put more money into my client’s pocket.

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

Health Insurance Liens

Today we’re talking about private health insurance liens which is a form of subrogation. If you do not know what subrogation is, be sure to watch my previous video.

If your private health insurance carrier paid benefits on your behalf for medical treatment arising from an injury, your health insurance has a subrogated interest in your claim potentially up to the amount it paid on your behalf.

I say “potentially” because next video I’ll discuss Ohio’s Pro-Rata Subrogation statute and how that applies to private insurance claims.

In most cases, we can negotiate with the health insurance carrier to reduce the amount that is required to be paid back – thereby putting more money in our client’s pockets.

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

Liens & Subrogation

In Ohio, when a person is injured and someone other than the injured person or at-fault party pays for some or all of the medical expenses (e.g. your health insurance carrier), that other party has a subrogated interest in the claim. Literally speaking, “subrogation” means one party stands in the shoes of another.

What this means for your case: if another party paid money on your behalf and you receive money from the at-fault party, you must repay the other party.

While there are certainly more than what is listed, the most common types of subrogation claims are:

• Private health insurance

• Medicare or Medicaid

• Automobile medical payment policy (Med Pay)

• Workers compensation benefits

• Short term disability

 In most cases, we can negotiate with the subrogated interest to reduce the amount that is required to be paid back – thereby putting more money in our client’s pockets.

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

The Liability of Bar Owners (Dram Shop Liability)

We’ve all been to a bar and saw someone who was absolutely smashed get served yet another drink.  What happens when they end up hurting someone? In Ohio, a person may only bring a lawsuit against a bar owner for injuries resulting from the acts of an intoxicated person in very limited circumstances. 

First, a bar owner is liable for injuries to others that occur inside the bar — or in its parking lot — as a result of the owner or employee’s negligence in serving alcohol.

Next, a bar owner is liable for injuries to others that occur away from the bar — either on Ohio’s roadways or elsewhere — if they knowingly sold alcohol to a noticeably intoxicated person and that person’s intoxication caused the injury.

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

What are the Tax Consequences of a Personal Injury Settlement?

Right around the time of settlement, many clients ask me about the consequences their settlement will have on their taxes.

First, I am not a tax attorney nor an accountant, if you want specific tax advice, go see a qualified tax professional.  That said, generally speaking, personal injury settlements are not treated as taxable income.   There are several exceptions:

• First, if you receive a separate check for lost wages, that money is taxable as if you earned it as wages.

• Next, if the release contains a confidentiality provision – the IRS can treat a portion of the settlement as consideration for confidentiality and tax you on it.   The best bet is to make confidentiality mutual.

• Finally, if you used medical bills that you paid to reduce your tax liability in a prior year and are now receiving money for those same bills, you will need to amend your prior taxes and pay any difference.

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