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July 2015 Archives

Don’t lose your right to compensation from a negligent driver

It is very easy to lose your right to compensation for a serious injury inflicted upon you by a negligent driver. State law in Ohio limits you to two years from the date of your car accident to file a lawsuit against anyone who might have caused the accident. This is known as the statute of limitations.

How is hospital negligence different from medical malpractice?

The legal theory of vicarious liability is based on the concept that an employee engaged in activity on behalf of his or her employer can, if his or her behavior is culpable, lead to liability on the part of the employer as well. In Ohio vicarious liability can occur in the setting of medical treatment, because although some health care professionals like physicians are solo practitioners, many others work for a larger organization like a hospital.

Is assumption of risk a products liability defense?

"Assumption of the risk" is a legal doctrine under which a person who engages in an activity or uses a product can take on the risk of harm to himself that such activity or product may bring. It is an affirmative defense at trial, meaning that in a lawsuit such as a products liability action the defendant must raise the defense in its pleadings or the defense will not be available.

Your rights when you are injured on another's property

When you think of premises liability, perhaps the allegorical slip-and-fall in the supermarket scenario comes to mind. You step on a grape, lose your balance and hit the floor. But the way you fall is such that you sprain an ankle, or break your arm, or maybe even your hip. That doesn't sound so bad, does it? A few weeks in a cast, and you'll be back to your old self.