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Cleveland Personal Injury Law Blog

Device to prevent blood clots in lungs caused serious injury

When you undergo a medical procedure to reduce the potential for a serious injury or medical event, you expect that undergoing the procedure will be safer than continuing without it. In many cases, that belief is correct. In the case of a particular brand of vena cava filters, however, a device meant to address one medical condition ended up causing another, more dangerous condition.

Now, the company that manufactured and marketed these products is facing a serious product liability lawsuit from a patient who suffered from serious side effects as a result of a product flaw that wasn't disclosed.

Beer recall highlights issues with defective packaging

Sierra Nevada is a popular brand of domestic bottled beer. Consumers in Ohio have been enjoying a variety of beers from this company for years without issue. Unfortunately for those who enjoy Sierra Nevada beers, the company issued a recall for eight brands of their bottled brews.

The reason for the recall is a manufacturing flaw. As many as one in every 10,000 bottles recently distributed by Sierra Nevada Brewing may have had chips occur to the bottles. The bottle flaw could result in a small piece of the bottle breaking off and settling into the beer. Clearly, that poses a serious risk of injury to those who consume the beer from the flawed bottles.

Litigating aviation disasters presents unique challenges

The recent tragedy is still unfolding that involved a Cessna 525 Citation carrying the pilot and five passengers. All were family members and friends and the plane presumably crashed into Lake Erie shortly after taking off from Burke Lakefront Airport in Cleveland during a spate of inclement winter weather. Authorities have now turned the focus from a rescue to a recovery, however, as debris continues to wash onto shore on the waves.

Divers and boat crews are focusing their efforts in portions of the lake that are as deep as 45 feet. A member of the dive team from nearby Lorain commented that clear, calm days bring visibility of between four and six feet.

Winter driving can increase the likelihood of an accident

If you live in or around the Cleveland area, you are well aware of the fact that snow and ice are a big part of the winter months.

Although you'd like nothing more than to stay inside when the weather takes a turn for the worse, this is not always possible. Instead, you could find yourself on the road as the snow comes down and the ice begins to accumulate.

Preventable surgical mistakes continue in the United States

Although surgical mistakes are fairly rare, statistics show that completely preventable mistakes continue throughout the United States. For example, one out of 100,000 surgeries involves a wrong site surgical error, where the surgeon operates on the incorrect body part or the wrong area of a patient's body. Sometimes, these errors involve surgeries on the wrong person. Even more distressing is the fact that one out of 10,000 surgeries involve a doctor forgetting something inside the patient's body, like a surgical tool or a medical sponge.

Who is responsible if my kid is hurt at school?

Keeping kids safe can be a challenge and most parents worry at least somewhat when they cannot be with their children. However, there are some surroundings where they should be able to expect their kids to remain safe from injury. One of these places is at school. However, accidents happen everywhere, including on school grounds when children are supposed to be supervised by various teachers and aides. The question is, should you take the incident as "one of those things that happens" or should you get to the bottom of who's responsible for the injury and hold them accountable?

Every year 14 million children are injured, and over a quarter of those injuries happen in or around school grounds (Safe Kids.org). If one of those children is your child, you want to know who's responsible. To determine the answer, you need to look closer.

When kids get hurt: Parent's rights and responsibilities

When an adult is injured in a car crash or another type of accident, there are no simple answers about getting help for the injury, who is responsible for paying for medical care or lost wages and more. However, when a child is injured, parents have additional questions and uncertainties to face when handling a personal injury claim on behalf of their child. This blog post will serve as a primer to some of the common questions parents may have if their child suffers injury due to an accident.

Kids and injuries

Often, a child is bitten by a neighbor's dog or is playing at the home of a friend when he or she is injured. When injuries are minor, pursing legal responsibility for the injury may not make sense, but, if the injury requires medical attention, causes missed days at school and perhaps an after-school job, the situation is more serious and parents have a legal responsibility to protect their children in many states.

How to handle out-of-state car accidents

Car accidents are always a worry in the back of our minds, and unfortunately, they do happen. As an Ohio resident, if you are involved in a collision that causes personal injury or property damage, you may want to consider filing a suit to make sure you are duly compensated. Many different types of legal processes can become complicated, and that can often be the case when accidents are out-of-state. Here are some simple tips for handling these situations.

Accident is not in Ohio

Everyone travels at some point. If you were outside the state of Ohio when a collision occurred, there are a few things to take into consideration. First, if the damage is minor, no one is injured and the other driver's insurance takes responsibility, you may not need to file a suit. A simple settlement will often suffice. If, however, events are not that simple, then there are some general guidelines to follow. First, suits should typically be filed in the state where the collision occurred, even if neither driver is a resident there. Keep in mind that this may require you to travel to court appointments outside of Ohio.

Tort Reform Protects Insurance Companies, Not Patients.

Recently I read a study about deaths caused by medical errors. The report brought to mind other studies I've read about the effects of "tort reform" on healthcare and I couldn't help but wonder how these studies fit together.

Who is liable if my kid is injured in the neighbor's pool?

In the summer, it is fun to be able to head out to the back yard and go straight into the pool to cool down. However, to many homeowners having a pool is more than that. It is sign of affluence, and many get the feeling that they've earned something special for their home. But those who have a pool also have a responsibility to make sure that others are safe around it from their own friends and family members to anyone else who might find themselves near the water. Most injuries that would happen in or around a pool fall qualify as premises liability situations.

Trespassers and the exception for kids

With premises liability, the responsibility to stay uninjured is shared by the property owner and the person who would be injured. The degree to which each is responsible depends on the age of person who is injured and their relation to the property owner. The least amount of responsibility is owed to an adult trespasser who is injured when they are on someone else's property without permission. Trespassers, in general are responsible for their own protection, but exceptions are made for children under an "attractive nuisance" provision in the law. Homes with pools are a prime example of where a child trespasser may be injured in a pool.

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