Separate AND unequal

Tragic story yesterday of two employees that were run down yesterday at Children’s Hospital in Columbus.  So why would Ohio law treat these two people – both injured in the same incident – differently from one another?

Your hurdle

One of the men was unfortunately killed in the wreck, while the other survived.  Ohio law places a limit or “cap” on the value of the injured man’s pain while not limiting the intangible losses to the family of the other.  I thought that was up to the jury to decide, not the politicians?

What does this mean to you:

The law is constantly changing, for better or for worse.  Make sure you understand the current law under which any potential claims are brought, as it may be different for different people at different times.

 

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Pool pointers

Although you wouldn’t know from the weather this weekend, summer is actually upon us.  That means every red-blooded American child is itching to get to the pool.  As fun and relaxing as pools can be, keep in mind they can be quite dangerous, especially for kids.

kids at pool

Approximately 3,500 people in the US die every year from drowning and 20% of those are kids under age 14.

What does this mean to you:

Keep a couple of basic safety rules in mind when kids are around pools.  Never leave kids alone, even for a second.  Be careful around covered pools, pool drains, and pipes.  And teach kids to swim before taking them to the pool to increase their skills and comfort level around open water.

Separation of responsibility and State

I saw this article this morning about a third tragic death down at Hocking Hills State Park. What a beautiful area, such sad events.

boy walking in woods

The tragedy of these incidents is only compounded by the fact that in Ohio, if families of victims wish to make a claim against the State for something it may have done wrong (whatever the facts may be), they face an uphill challenge.  All cases against the State of Ohio must be filed in a special court called the Court of Claims, where the only cases that are heard are cases involving the state.  The Judges are employees of the State, and there are usually no juries allowed.  That is, the case is decided by the Judge – an employee of the State that is being sued.  These and other special rules make claims against the State more difficult than if the same injuries were caused by a private individual.

What does this mean to you:

Injuries caused by the State versus injuries caused by a private party are treated quite differently under Ohio law.  Check with an Ohio lawyer to find out the difference.