The real stuff is bad enough

Ohio has seen more than its fair share of tort deform laws over the last decade.  These laws have the affect of making it harder for folks who get hurt, through no fault of their own, to be made whole again.

 

 

Man with a broken leg  walking on crutches

As if reality wasn’t bad enough, I saw this post on The Pop Tort about fictitious laws on TV shows written in to scripts to limit fictitious rights of the characters.  Art imitating life indeed.

What does this mean to you:

Know that insurance companies and corporations have lobbyists.  Most of us don’t.  When laws get passed, guess which one they favor?

 

 

The dangers of drop-sides

Drop-side cribs have been outlawed in the US since June 2011.  Infants’ heads can become trapped in the gaps around the drop-side.  While no new drop-side cribs are being made, plenty are still in use around the country.

13151a-2

A recall was issued this week for drop-side cribs made by PT Domusindo Perdana.  The cribs were sold at JC Penney from January 1998 through December 2008.  The drop-side can detach or fall off, causing a fall hazard.

What does this mean to you:

You can learn more about the recall here.  If you have one of these cribs, or any drop-side crib, contact the Consumer Product Safety Commission.

It can wait

 

As noted earlier this year, April is Distracted Driving Awareness month.  Since then, though, the number of deaths from texting while driving just in Ohio – not to mention nationwide – continues to rise.

At least she’s got one hand on the wheel…

There is a new resource available at EndDD.org.  It shares the real-world story of Casey Feldman who was struck and killed by a texting driver as she crossed the street.  EndDD.org also has a checklist of pledges, which can be especially helpful for teenage drivers.

What does this mean to you:

Ohio’s texting while driving ban went into effect at the beginning of September.  Not only is it now against the law, its just dangerous.  Put down the cell phone while driving.  Nothing is that important.  It can wait.

 

Wait… what?!?

We want people to design safe products.  Fairly radical idea, I know.  Stay with me.  We also want people to make their products safe after they learn their product is not safe.  This is especially true for products used in a a manufacturing or warehouse setting, where the risks of amputation or death are high from exposed gears or rollers on all types of molding and other machines.

Number 35 is alive!

And what better way to show that a product was dangerous in the first place than that the manufacturer made it safer by adding a guard or other safety device after an injury or death.  If it was safe before, as they claim, why would they need to make any changes?

But Ohio law does not allow the jury to hear that the manufacturer made the produce safer.  Why?  The theory is that it would discourage manufacturers from doing the right thing and fixing their dangerous product.  Such after-injury changes are called subsequent remedial measures.

What does this mean to you:

Even though after-injury changes are usually not admissible at trial, they can be used to learn other relevant, admissible evidence to prove your case by counsel.