Cleveland Legal Issues Blog

What to do if a dog bites you

On behalf of Klein & Carney Co., L.P.A. on Tuesday, December 11, 2018.

Dogs are popular pets because they are cute, loyal and often hardworking. Although dogs have many admirable qualities, dog bites are not one of them. According to the Centers for Disease Control and Prevention (CDC), over half of dog bite injuries happen at home with dogs that are familiar to us. Because a dog bit can happen when you do not expect it to, it is good to be prepared with the knowledge of what to do in that situation.

If you are bitten or attacked by a dog, try to protect yourself by putting something like a purse or jacket between you and the dog. This can create space between you and the dog, preventing further injury. It could also act as a distraction. If the dog starts to attack the purse or jacket, you may be able to slowly back away toward safety.

Winter weather can cause slip-and-fall accidents

On behalf of Klein & Carney Co., L.P.A. posted in premises liability on Tuesday, December 4, 2018.

Winter weather brings with it snowy, icy and foggy conditions, all of which can make sidewalks and walkways slick and dangerous. If you should have an unfortunate accident on a pathway covered with ice and snow, you may be able to collect compensation for your medical expenses and emotional trauma due to the injury. Slip-and-fall accidents are relatively common in Ohio and throughout the United States and tend to increase in intensity during the winter months. Although business owners and property owners are not in control of the weather, they are responsible for keeping their pathways clear of ice and snow in order to avoid these types of accidents.

Slip-and-fall accidents can be caused by icy and snowy sidewalks, parking lots and driveways, as well as melting ice. When people walk through the snow and ice, they can track it into stores, leaving behind puddles and wet, slippery floors. If you suffer from an injury you received in a slip-and-fall accident or another incident caused by the weather, you may have a premises liability case. In order to prove this type of case, you must show that the business or property owner was negligent in taking care of his or her property.

Repeat drunk driver kills four, including toddler

On behalf of Klein & Carney Co., L.P.A. posted in motor vehicle accidents on Monday, November 12, 2018.

People who live in Ohio and hear about drunk drivers causing accidents have good reason to be upset. The laws governing drinking and driving are very clear and the facts speak for themselves: driving a vehicle after drinking is dangerous. The choice to operate a vehicle after consuming alcohol is a choice and is one that can be avoided if a person is responsible. Any crash that happens due to an impaired driver is one that should be completely avoidable.

Unfortunately, there are not only many people who still drink and drive but there are many people who make this negligent choice after having previously been arrested and convicted of drunk driving offenses. This irresponsible and selfish choice too often results in tragic outcomes. Today, there are three adults and a baby who are dead because of one repeat drunk driving offender's choice.

What is a breach of duty?

On behalf of Klein & Carney Co., L.P.A. posted in wrongful death on Wednesday, October 31, 2018.

The death of a loved one in Ohio by an act of negligence can be shocking and baffling. You believe that the party involved in the death of your relative should have been more vigilant to prevent whatever caused your loved one to die. In such cases of wrongful death, the party responsible has probably engaged in a breach of duty.

FindLaw defines a duty as whatever a party owed the person who was the victim of wrongful death. A person in the normal course of a profession or an activity will owe a certain degree of care to people who are reasonably expected to come into close proximity. A motorist, for instance, owes nearby pedestrians and fellow drivers a standard of driving that takes their safety into consideration. A reckless driver who disregards such standards may end up causing the death of another person through an auto accident.

National Teen Driver Safety Week

On behalf of Klein & Carney Co., L.P.A. posted in motor vehicle accidents on Monday, October 22, 2018.

At the law office of Klein & Carney Co., L.P.A., we know that there are many hazards you face every time you are on the road. From poor weather conditions to inattentive drivers, these dangers can impact you and other Ohio residents without warning. You should also be aware of the risks that are posed both to and by teenage drivers.

Motor vehicle accidents are the top cause of death for teenagers between the ages of 15 and 18 throughout America. The problem is so significant that the National Highway Traffic Safety Administration has designated October 21 through 27 this year as National Teen Driver Safety Week. This week, you might introduce the topic to your teenagers and review your expectations for whenever they get into a car with another teenager or when they drive.

Winter car accident? Here is what you need in your car

On behalf of Klein & Carney Co., L.P.A. on Monday, October 8, 2018.

Ohio weather has already started to cool down, which means that snow could be just around the corner. Driving in severe winter weather can be dangerous, and many people do not have adequate materials in their vehicle to help them stay safe if they are ever in a winter emergency.

Statistics show car crashes injure over 115,000 people due to snowy, slushy or icy roads each winter. This following list will help you know what to pack in your car today so that you are prepared in the event of an accident this winter.

Applying the attractive nuisance doctrine in Ohio

On behalf of Klein & Carney Co., L.P.A. posted in premises liability on Thursday, October 4, 2018.

An old proverb says "it takes a village to raise a child." The same might be said about protecting one, as well. Parents in Cleveland do all that they can to instill sound judgment in their children, yet kids remain curious about the unknown (often to their own peril). Thus, adults are also often tasked with protecting children from themselves. The attractive nuisance doctrine is just one example of this.

Per the definition offered by the Cornell Law School, the attractive nuisance doctrine holds property owners liable when children suffer injuries from encounters with dangerous features on their land. Common "attractive nuisances" may include swimming pools, abandoned buildings or vehicles, or canals and tunnels. The common element shared by these attractions is that they may entice children who do not yet comprehend the dangers they present. Property owners, therefore, must takes reasonable steps to restrict access to them or face responsibility for any injuries or damage they cause. The attractive nuisance doctrine can be applied even in cases where a child was on someone's property without permission.

How to avoid becoming involved in a truck accident

On behalf of Klein & Carney Co., L.P.A. posted in motor vehicle accidents on Monday, September 24, 2018.

As winter quickly approaches, you must be cautious of your safety on the road. While you may be careful to navigate the road safely in inclement weather conditions, other drivers may not take the same precautions and you may find yourself involved in a serious car or truck accident. There are steps you can take to minimize your risk of becoming involved in a devastating truck accident while out on the road this fall and winter.

First, drive appropriately for the current weather condition. Large trucks are especially dangerous to smaller vehicles in bad weather, such as ice, wind, snow, rain and fog. These conditions can cause large trucks to jackknife, slide or tip over when truckers are speeding, distracted, under the influence or negligent. Stay out of the truck driver's blind spots, which are largely on the right-hand side and behind the truck. If you find yourself in one of these spots, you should attempt to pass the truck quickly and on the left-hand side of the truck. Keep in mind that if you cannot see truck drivers in their side view mirrors, they cannot see you.

What you should know about aggressive drivers

On behalf of Klein & Carney Co., L.P.A. posted in motor vehicle accidents on Monday, September 10, 2018.

If you have lost your temper or gotten frustrated over other peoples' driving behaviors while navigating the streets in Cleveland, you are not alone. Many people get overwhelmed when stuck in traffic or caught behind a slow driver, especially when they are late for an important appointment or meeting. According to AAA, at least 80 percent of drivers admit to driving aggressively and experiencing anger while behind the wheel. When the frustration graduates to aggressive driving behavior, however, drivers start to put the lives of other people on the road in danger. You may want to stay on the lookout for the signs of road rage in an attempt to avoid a potential car accident.

Aggressive motorists display hazardous driving behaviors, which include the following:

Following too closely behind another vehicle.
Speeding up and slowing down.
Honking the horn excessively.
Switching lanes erratically.
Using profane language or cursing at other drivers.

Medical errors the nation's third-most common cause of death

On behalf of Klein & Carney Co., L.P.A. posted in wrongful death on Friday, August 17, 2018.

As an Ohio medical patient, you probably feel relatively confident that when you visit your doctor and outline your symptoms, he or she will be able to determine what is ailing you and recommend an appropriate course of treatment. Regrettably, however, physicians make mistakes, too, and when they make medical errors, the repercussions can prove gravely serious. At Klein & Carney, we recognize the harm delayed, inaccurate or missed medical diagnoses and other errors can cause, and we have helped many people who suffered harm due to medical errors pursue appropriate recourse.

According to CNBC, medical errors are so common nowadays that they are now the third-most common cause of death among Americans. Furthermore, about 250,000 Americans lose their lives every year because of medical errors, although some believe the real number of annual deaths related to medical mistakes is closer to about 440,000. Why the disparity? When Americans die, the Centers for Disease Control and Prevention get cause-of-death information from death certificates. However, death certificates rarely acknowledge medical errors, making it tough to determine accurate numbers.