Wrongul Death – When Care Providers Fall Short

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For working parents, outside support and care is often necessary. Daycare, neighbors, after school care, etc.  As a parent, I understand how vital it is to be able to trust the people that provide care for our children. Sadly, I have held institutions accountable because they had failed to exercise appropriate care which resulted in an injury or death of a child.  This type of negligence is completely unacceptable.  No innocent child should be injured because of neglect.

In a recent Ohio tragedy, a 5 year old child wandered away from her day camp and subsequently drowned in a pond located on the property. While criminal charges may not be pursued, parent of this child have every right to pursue legal action for negligence and hold this day camp accountable!

Preventative and procedural processes

While I admittedly do not know all of the facts of this particular case, I can provide insight into what may actions may be considered negligent, thus contributing to this young girl’s death. For example, why was the child left unattended? Why is there an open, unguarded pond on the property where children are cared for?

Often, what seems to be an open and shut case can include details we are not privy to. These details can affect the outcome of any case and must be carefully investigated.  As a wrongful death attorney, it is not just about gaining fair compensation for the family; it is also about setting a precedent to change the way things are done in order to prevent such a tragedy from ever happening again. My clients are always my number one priority, but a close second is ensuring that preventable negligence and accidents don’t cause another injury or death in the future.

As your Ohio wrongful death lawyer, I’ll be there for you, and I’ll Make Them Pay!®
 
Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

Cedar Point Tragic Accident: Is There More to the story?

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Even as an experienced attorney, I too can get caught up in the headlines from time to time! News outlets do a great job of communicating to the masses with just enough detail to peak our interest, but rarely enough detail to accurately assess the story.

Take for instance the recent Cedar Point tragedy that cost a 31-year-old Northeast Ohio native his life.  Based on the media accounts it wasn’t difficult to conclude that this individual clearly lacked common sense – but was that really the case?

 Clear and Present Danger

Initially, there was speculation that the rider lost his cell phone and wallet while on the roller coaster and subsequently went to retrieve them from an area beneath the coaster.  There the man was struck and killed by a passing coaster. In today’s day and age our lives are entwined with our smart phones so this man’s actions do not seem irrational or unreasonable!

Reportedly, signs around the area beneath the coaster simply stated ‘Keep Out’ or ‘Authorized Personnel Only’.   One west coast accident expert shared that this is actually a frequent occurrence because people do not understand that just because the track is above the head does it mean you are safe from harm.   The nature of an inverted roller coaster has the actual passenger cars hanging 6-10 feet below the track, which is how a standing individual can be struck while the ride is in progress.

The question is – Should the signs have stated the area posed a danger? If you saw a sign that said keep out, would you think that you could quickly retrieve your belongings, even if it meant breaking the rules? If the warning signs didn’t say ‘Danger of death or injury’ or ‘Coaster clearance 2 feet’ would the expectation of reasonable safety exist?

The Importance of Experts

The accident expert shed some light onto the events that lead up to the tragedy.  It seems that this type of accident is not a one-time occurrence, and that park owners were aware of simple fixes that could prevent these tragedies once and for all.

This calls out the importance of expert insights in any case, which is part of why I have been able to successfully represent clients for over 30 years. Knowing who to consult with can be the difference in a winning case, but also in preventing tragedies from ever occurring again.

What the Future Holds

While I too am deriving details from the media, as a legal professional I predict this incident will change the safety procedures at Cedar Point and other parks across the US. Clear, explicit signage and other preventative measures can go a long way in keeping patrons safe.

As your Ohio personal injury lawyer,  I’ll be there for you, and I’ll Make Them Pay!®
 
Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

Severe Brain Injury Victim Gets Her Day In Court

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Personal injury can take on many forms, but all to often the results are tragic

Unfortunately, for victims of personal injury the courts may not always fulfill the punishments needed to set a precident and gain sufficient compensation for the injured party.  In a recent case where two teenagers severely injured an innocent Ohio women on I-80, it looks like the punishments handed out hardly fit the crime.  As a personal injury attorney, cases like these are precisely why I continue to do what I do, in helping victims gain justice.

In July of 2014, two teenage brothers launched a 5-pound rock off of an overpass, crashing through the windshield of the car the victim was riding in.  Her extensive brain and facial injuries have required numerous surgeries, and while the victim is making great progress – her life will never be the same.

As a personal injury attorney, my goal is hold those accountable for their wrongdoings

Traumatic brain injury can result in the loss of cognitive and motor function, as well as impact the victims’ senses.  In this case, hearing, eyesight and smell were all effected in addition to a variety of physical injuries.  Continued reparative surgeries and extensive rehabilitation is key to getting every ounce of progress possible.  For an innocent victim that faces a lifetime of challenges as a result of this incident, a potential 18 month sentence hardly seems like justice is being served.

As a personal injury attorney in Ohio, fighting for your rights when you need it most is what drives me to do what I do

Injured victims may be entitled and thus compensated for:

  • Lost wages
  • Medical expenses
  • Pain and suffering

Additionally, if personal health insurance coverage, and/or vehicle insurance coverage was used to cover medical costs – they too qualify for reimbursement under Ohio law.

As your Ohio personal injury lawyer, I’ll be there for you, and I’ll Make Them Pay!®
Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.