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Cleveland Personal Injury Law Blog

Wrongful death lawsuits: The pros and cons

In Ohio, when someone dies as a result of another person's negligence or deliberate act, certain surviving relatives are automatically assumed to suffer a deep loss. The spouse of the deceased is naturally left without his or her helpmate and companion. The children of the deceased are left without their parent's love, support and guidance. The parents of the deceased are left without the care and assistance their child would have offered in life.

Just the same, the decision to file a wrongful death claim can be difficult for survivors. Here are the pros and cons that all survivors have to contend with when they mull over this option:

Woman files wrongful death suit after husband dies at stadium

If someone is harmed while on private property in Ohio, the property owner or manager is generally responsible for damages incurred. This topic is generating interest following a recent liability case making news from Georgia. The widow of a 48-year-old man who was found dead at SunTrust Park claims that multiple parties knew of hazards that may have contributed to his death. The man was at the Atlanta Braves' baseball stadium to install a product that he invented called Draftwell.

According to the lawsuit, the construction team that was tasked with installing the product knew of issues with cooler door release components. They also should have known about carbon dioxide leaks that occurred throughout the beer cooler system. Authorities say that toxic air inside of Cooler 331 caused the man to die from asphyxia. They believe that he didn't try to call for help because the carbon dioxide in the air caused him to become disoriented.

Study on dog bites involving children makes waves

Fans of "pitties" or pit bulls aren't going to like the newest information in a joint Ohio State University and Nationwide Children's Hospital study.

Researchers wanted to see what the actual data has to say about which dogs are generally the most likely to cause serious injuries to children -- particularly to their faces. Their interest was sparked by the statistics provided by the Centers for Disease Control and Prevention (CDC), which indicates that 4.7 million people -- mostly children -- are bitten by dogs annually.

What activities cause distracted driving accidents?

Despite all the public service announcements urging drivers to pay attention to the road, distracted driving continues to be a major problem on American highways and streets. Distracted driving causes nine deaths every day and approximately $40 billion in economic losses yearly.

What's really behind the problem?

Rape of elderly woman draw attention to assisted living issues

"Assisted living" is supposed to be a better alternative than a regular nursing home for senior citizens who cannot live alone. However, an analysis by the Plain Dealer determined that regulations in Ohio that govern assisted living facility seem to be poorly designed, outdated and not up to the task of keeping residents safe.

The rape of a 95-year-old woman with dementia in a Middleton assisted living facility by another resident has drawn attention to the problem. The other resident, a 75-year-old man, also has cognitive issues. The woman's relatives say she seemed to withdraw after the attack and lose the will to live. She contracted pneumonia, and her organs failed a couple of months later. Her family believes that the attack caused her immense suffering and hastened her demise.

Studies show many elder abuse cases go unreported

Two new studies show that nursing home abuse is being underreported in Ohio and the rest of the U.S. Both have been published by the Office of Inspector General of the U.S. Department of Health and Human Services. The trend here should be of concern to everyone because when abuse is not reported, it cannot be investigated and tracked.

The first report analyzed Medicare claims from 2016 that involved the kind of injuries that might indicate nursing home neglect or abuse, either physical or sexual. These included head trauma, bruises and bed sores. In nearly 20% of these cases, nursing homes failed to report the injuries to the state's proper inspection agency.

4 hazards that could lead to boating accidents

Now that the summer months are here, you may have received an invitation or two to head out to the lake with friends or family for a boat outing. You may enjoy this activity as a chance to get some fresh air, sunshine and quality time with loved ones. Of course, boating can be a dangerous activity.

Even though you may not operate the boat yourself, you could still face dangers as a passenger. If the driver acts recklessly, negligently, consumes alcohol or participates in other dangerous behaviors, you could quickly become involved in a boating accident that leads to serious injuries.

Ladder safety on the construction site

Falls are considered one of the top causes of construction injuries. The use of ladders, undoubtedly, plays a significant contributing role when it comes to workplace falls -- which is why every worker should know when it's safe to climb (and when it isn't).

Here are some of the basics every construction worker needs to keep in mind about ladder safety.

Study claims pit bulls, mixed breed dogs cause the worst bites

Pit bulls and mixed breed dogs are the most likely to cause severe dog bites, according to a new study by researchers at Ohio State University's Wexler Medical Center. However, some pit bull rescues claim the study is limited and misleading.

According to the American Veterinary Medical Association, almost 350,000 Americans were treated for dog-related injuries in hospital emergency rooms in 2017. Around 10,600 of those people were children ages 2 years old or younger. OSU researchers analyzed dog-bite data to determine which dog breeds presented the greatest risk of biting and causing serious injuries. They then used this information to create a "risk to own" chart for individuals considering getting a dog. They found that pit bulls and mixed breed dogs were most likely to bite and most likely to cause serious injuries when they do bite. However, they said that the dog breed was unavailable in approximately 60% of the cases they analyzed.

Columbus doctor on trial for 25 overdose deaths in one hospital

We've talked before about the Ohio doctor who is accused of killing numerous patients with drug overdoses in a Franklin County hospital over just a three-year period. Now, as the case is moving into the courts and the doctor has been charged with murder, it's important to take a second look at what happened -- and how.

The 43-year-old physician who worked for the Mount Carmel Health System from 2015-2018 is now charged with 25 counts of murder. There are also at least 19 pending wrongful death claims against him and the hospital in civil court -- and eight more were already settled.


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