Swimming Pool Dangers and Negligence

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The Dangers of Swimming Pools

Just this past weekend, a dear friend of mine told me a chilling story. As the family sat poolside for Father’s Day, their young nephew began to panic in the deep end of the pool – After comfortably swimming there for hours. It is often very difficult to recognize, react and respond – Even if it is your child or a loved one that is flailing in the water.

For younger children, pools can be an incredibly dangerous attraction.  While water wings and vests offer some safety, a toddler can easily get lost in a crowd and walk into a pool undetected – with tragic consequences. For residential and public pools vigilance is absolutely the key to safety.

The Cold Reality of Pool Safety

Swimming pools are fun for all ages, but must be enjoyed responsibly.

For children of ALL ages, this means constant supervision.

The dangers of pools is prevalent, even while we are present and active, aside from the clear dangers of a pool that is left unattended and unsecured.

The CDC reports from 2005-2014 there was an average of about 10 drownings per day across the US.  These unintentional drownings were in addition to another 330 drownings that were boating related.  Of all drowning statistics, about 1 in 5 drowning tragedies are children under the age of 14. Non-fatal drowning injuries can require lifelong care, as a result of brain injuries that can lead to severe deficits for life. Accidental drowning has surpassed many causes to be one of the leading causes of death in children under 10.

Proper Safety and Preparedness

Proper safety precautions are absolutely essential for any parent, pool owner or individual that commonly monitors children near a pool, pond or body of water. Many cities require safety precautions, such as gate and ladder specifications for residential pools.

  • Removable ladders
  • Locked gates
  • Gated areas if applicable
  • Proper safety gear – Life jackets – NOT floaties
  • Establishing neighborhood rules

Some of the less obvious and/or common ways to combat pool related drownings are more strategic in nature.

Pool alarms that detect motion or lack there of are a great solution, and for a few hundred dollars can literally save a life.

Swim lessons and the buddy system are also great ways to help prepare your kids to prevent water safety concerns.

Lastly, proper CPR and medical training are essential.  For any parent, pool owner or babysitter – knowing what to do in the seconds that matter most is critical.

Secondary Dry Drownings

While a hot topic in the medical community and a ‘Facebook parenting panic inducer’, is secondary, dry or delayed drowning.  If your child had a near drowning experience, it is important to seek immediate medical attention.

The US National Library of Medicine and National Institutes of Health report that in 94 cases of near drowning, about 5% of the cases showed symptoms of a secondary / dry drowning threat.

If your loved one experienced an unimaginable tragedy as a result of negligent pool conditions, you must contact my offices immediately.

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 in birth injurymedical 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 877.944.4373.

Electrocution Drowning Accidents

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Drowning Danger – Electricity and Water Never Mix

Two recent headlines highlight the hidden danger in natural bodies of water. A day at the beach can quite literally turn into a living nightmare. The sad reality is electrical currents are much more prevalent here, along the Great Lakes, given that natural bodies of water are the most susceptible and conducive to electrical currents.

In this recent case, 19 year old Evan Currie is being hailed a hero after he dove into the lake at a Put In Bay Marina to aid his father after the family pet fell into the water. Evan’s father went into the water to retrieve their dog and quickly came under duress. Unbeknownst to Evan, he jumped in to save his father and pet but was tragically electrocuted by an electrical current emanating from an electrical short.

Electrical related drownings are particularly unique in nature. Even if the electrical current is not sufficient to cause death or serious injury, the paralysis that sets in during the electrocution can be sufficient to cause a drowning.

Preventing Electrocution in Water

Pools are built in accordance to code that mandates safety factors to prevent electrocution from occurring.  Marinas, docks and other water establishments aren’t quite as easy to police.  Given the fluid nature of a marina, even if the marina electrical is up to par – Each and every boater than comes through may have his or her own electrical issues.

In the tragic case of Evan Currie, even though his fast thinking mother pulled the plug from shore power – It was just too late.

If the marina is found at fault, or if the boat maintenance was to be handled by a third party – negligence may very well be responsible for this tragedies.

A Simple Solution

Electrocution prevention is so simple, it is almost sad.  Installing a circuit breaker near the water could help to prevent tragedies of this nature. When there is an overload of power or a short circuit, the breaker would pop and shut down the electrical current.

Routine inspections are also recommended for boats, boating equipment, docks, marinas and other objects that could potentially lead to electricity in the water.  Alarm systems that sense electricity can also be used.

Electric Dangers Can Be Incredibly Difficult to Detect

Water emits no visible signs when an electric current is present. Furthermore, electrical currents can be intermittent – Meaning you may be able to enter the water and spend time there, without issue or warning of electrocution.

If you or a loved one was injured or killed as a result of electrocution at a boating dock, marina, yacht club or similar venue – You must contact my offices immediately. The only way to enact change is to hold negligent parties accountable, and change the standards of safety.

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 in birth injurymedical 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 877.944.4373.

Partying and Personal Injury

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Celebrate Safely Through the 2017 Holidays

Coming off of the St. Patrick’s Day festivities, we are about to hit a stretch of warm weather which means spring/summer parties. Unfortunately many injuries occur as more and more people are on the road and partying too hard. As a personal injury attorney I know all too well the dangers that accompany this type of behavior.

Safety in Public Places

We recently heard about tragic news of a 20 year old that fell from an upper story of a restaurant in Cleveland during the St. Patrick’s Day celebrations.   While full details have not been release, it has been reported on social media and news outlets that building violations we reported that likely played a role in this tragic accident.

When we are excited to go somewhere or are in a rush, we tend to be more careless!  Try not to get caught up in the excitement and take time to be careful and thoughtful.  Alert management or authorities to any dangers you may observe!

Outdoor Safety at Parks and More

Injuries and accidents are also on the rise this time of year, with many of us eager to get outside for some nice weather and fresh air.  Increased outdoor activities can lead to water dangers, fall hazards and more.  Plan to play it safe outside!

Safety on the roads

Holidays and nice weather can lead to an influx of traffic accidents, including distracted driving and driving under the influence.  Take it easy on the roads and alert local authorities to any driving dangers you may witness.

If you or someone you love was involved in an accident, call my offices immediately.  As your Ohio injury attorney, 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 in birth injurymedical 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 877.944.4373.

 

Personal Injury Safety at the Gym

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Hitting the Gym

At the beginning of every year, many people flock to area gyms and recreation facilities to fulfill their resolution for a healthier, more active lifestyle.  Today’s gyms have virtually everything imaginable; from cross fit classes to dance, weights, complex equipment and more.  The rudimentary basement-style gyms are truly a thing of the past!

Whether you are a seasoned gym goer or you have just joined, the dangers lurking around every corner do not discriminate.  There is definite reason why a waiver of liability and injury accompanies most gym memberships and class enrollments! I have seen incredibly scary, painful injuries stemming from an innocent day at the gym.

Legal Recourse for Fitness and Gym Related Injuries

The actual legal recourse for your gym related injury is impacted by many factors.  The potential scenarios and resulting injuries are endless, and the law has to take into account every single aspect.  For some of my clients, their misconception that a signed waiver automatically means there is no recourse available, can cost them dearly.

When you sign up for a gym membership or fitness classes, it is likely that you are directed to sign a waiver that expresses your ‘Willingness to Assume’ any and all assumption of risk.  This statement may be the literal words on your contract!  One common ruling is that the unfair, broad nature of it is refutable in the courtroom.  Alternatively, negligence on the part of the facility workers and management can also be grounds for legal recourse.

Key Facts for Gym Injuries

  • Your waiver does not automatically excuse the facility or individuals
  • DIY exercise and instructor led exercise can both lead to preventable injury
  • Failure to maintain and inspect equipment may be negligence
  • Failure to properly clean and maintain a facility may be negligence
  • Facilities must have proper medical response equipment on site
  • You have a reasonable expectation of safety

Negligent and reckless behavior at your gym facility can lead to serious injuries for you!  Having an experienced personal injury attorney is critical for your case.  The very first step you take to pursue a claim will be met with a motion for summary judgment, showcasing your signed waiver.

If you or a loved one was injured or killed in a gym accident, call my offices immediately.

As your Ohio personal injury attorney, 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 in birth injurymedical 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 877.944.4373

Fighting the “Good Fight” With Morris Eason

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My dear friend Morris Eason was featured recently in the Chagrin Valley Times. The story is titled, “The Good Fight”.

I have known Morris for over three decades. He first came to me as a client and his magnanimous personality makes it impossible not to like him and become his friend.

Morris’ life story is something for a Hollywood script. He made some mistakes; he did his time, became a top fighter, and then became a minister. He now combines his knowledge of the ring and the bible to counsel and train people at his Round Ministries in Russell Township.

The lucky ones who have found themselves under Morris’s protective wing experience physical and spiritual transformations that they cannot believe.

I have been a personal injury attorney for nearly as long as I have known my good friend Morris, and I can tell you that seeing a former client become a dear friend, work hard to get his life in order, and put others before himself is why I do what I do.

When I take on a personal injury case a client’s problems become my own.

My duty as a personal injury attorney is to represent the client in a fight for justice, but also to guide and protect them during these difficult, painful times.

Please take a moment to read this great story and watch the video, The Morris Eason Story, which I put out a few years ago.

If you or a loved one has been injured due to another’s negligence, you will need an attorney that will not only fight for you but protect your well-being in all aspects of your life that have been affected by your accident.

Call me if you’ve been hurt and I will be that attorney to fight for you. As your Ohio personal injury attorney, I will 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 in birth injurymedical 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.

 

Ohio Firework Laws—Where Can They Be Purchased or Used?

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The state of Ohio has upheld laws for the purchase and use of fireworks since 1996, but many consumers may not even aware of those legalities.

In simplest terms, “fireworks” that are illegal to use in the state of Ohio include:

  • Bottle rockets
  • Fire crackers
  • Roman candles
  • Fountains
  • Heavy duty shells

While fireworks are illegal to set off within the state, “novelty” items are legal to set off in Ohio.

Novelty items include the following:

  • Sparklers
  • Smoke Bombs
  • Glow Snakes
  • Snaps

Before using these items, it may be best to contact your local officials on further information for setting them off in your neighborhood.

Many Ohio citizens may not realize that you can purchase these fireworks in Ohio but must take them out of state within 48 hours.

This past week Ohio Gov. Kasich signed a provision in the state budget eliminating the need for consumers to sign a form before purchasing fireworks.

This form was referred to as the “Liar’s Form” and required consumers to agree that they will not light fireworks inside state lines, and  will take their purchases out of Ohio within 48 hours from purchase.

Although the form has been eliminated, the fireworks listed above are still illegal to discharge in Ohio.

If you are unsure of what items you can or cannot set off in your neighborhood, please contact the Ohio State Fire Marshal.

Safety while using any type of fireworks is always a priority. Be sure to take extra precaution before using these items, especially when it comes to children and pets. Happy Independence Day!
As your Ohio personal injury attorney, I will 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 in birth injurymedical 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.

Personal Injury Claims – Communication is the Most Important Key

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I was recently interviewed by Ray Carr for his 89.3 FM talk show, The Ray Carr Show.

The first question Ray asked me was a humdinger. He wanted to know how I go about giving my clients comfort in the face of the daunting and complex process of bringing a personal injury claim.

My answer was summarized in one word, communication.

Ray was surprised to learn that each and every one of my clients received my direct dial cell phone number. The reason is simple, my clients’ concerns and questions do not conveniently fall within the 9 to 5 parameters.

Moreover, I have found in my 34 years of representing families in birth injury, medical malpractice and catastrophic injury claims that if my client knows and understands the process from beginning to end, they will not only have a comfort level but they will be able to actively participate in the process.

The reason why this is so important is because I need to know every single detail about how the injury has impacted my client’s life.

To effectively prove damages and obtain the compensation my clients deserve, I need to demonstrate the true impact of the injury.

A few years ago I represented a lovely woman who was a retired school teacher. One day she was taking her mentally challenged adult daughter for a walk in the neighborhood. A neighbor’s dog got loose, attacked and viciously mauled them.

My client called me one particular day and told me how this tragedy had affected her from a psychological standpoint. She was depressed and, most understandably, had tremendous anxiety about leaving her home with her daughter.

As a result of that conversation I referred her to a psychologist who specializes in representing accident victims with post-traumatic stress syndrome. She received compassionate counseling that turned things around and allowed her to resume a happy, normal lifestyle.

The point of the story is, because I communicate with my clients one and one, I was able to learn of this sad problem and offer concrete solutions.

So, when Ray Carr asked me why I make such an effort at direct communication, I told him that it is the only way to effectively represent my client. Truth be told, if I were a client I would demand the same level of communication.

My commitment to communication does not only extend to clients receiving my direct cell phone number but in addition, I regularly meet clients at a time and place that is convenient for them.

Over the past three decades I have met clients at:

  • Their homes
  • Restaurants
  • Their place of business
  • Hospitals
  • Funeral home

I even met a family at a grave site.

When a bad accident happens and your life or that of a loved one is turned upside down, you need my help IMMEDIATELY. You are simply not equipped to handle the legal aspects and, moreover, you need to focus on getting well.

I invite you to listen to the full interview with Ray Carr on the link. You may find it enlightening.

If you or a loved one has been made a victim of a birth injury, medical malpractice mistake or a catastrophic injury, call me. I’ll be there for you and I’ll Make Them Pay!® 

As your Ohio personal injury attorney, I will 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 in birth injurymedical 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.

The Ohio Association for Justice & Why I Support It for Personal Injury Victims

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Over the many years, I have been asked to speak at my alma mater’s Villa Angela- St. Joseph, John Carroll University, and Cleveland State University- John Marshall College of Law. An often-asked question is, “why do I do what I do?”

The answer is simple; I take great pride in knowing that with my help, my clients receive fair and just compensation so that they may resume as normal of a life as possible. Secondly, the person(s) or company that caused my clients’ unnecessary harm is forced to change the way they conduct themselves and their business practices so no one else is harmed as a result.

Without my help, injured victims have absolutely no chance for justice. It is for this reason that I support the Ohio Association for Justice.

This wonderful organization works tirelessly to keep the courthouse doors open for all people to bring injury claims.

Make no mistake about it; the insurance lobby is among the most powerful political action groups in America. Their sole purpose is to limit people’s access to the courtroom through tort reform legislation in each and every state.

The Ohio Association for Justice is an organization dedicated to protecting the people by preserving our Constitutional rights.

Members work to provide advocacy and civil justice in our court house, and to protect our citizens from injustices. I am proud to be a member of this honorable group and hope to continue assisting those who have been made victims by other’s wrongdoings.

Not only does the OAJ serve to protect and fight for justice, but it also provides opportunity to educate our citizens in legal fields.

I encourage readers to learn more about the Ohio Association for Justice, and to call me if you’ve been injured due to another’s negligence.

As your Ohio personal injury attorney, I will 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 in birth injurymedical 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.

Drones and Personal Injury Claims

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Drones and Personal Injury

It’s a bird, it’s a plane… it’s a drone!  A drone is described as a remote controlled, small, unmanned, aircraft. Originally in the news for the privacy implications when in the hands of the US Government and the likes, drones are now widely available for individual purchase across the U.S. Buyers are simply required to register their drone, but are not required to be trained on drone operation.  Drone owners only have to adhere to a vague set of rules that date back to the 1980’s. Not surprisingly, this brings a host of privacy concerns, and an array of potential injuries.

The drone itself is not inherently dangerous. Small and ideally airborne, a drone is not designed to come into contact with individuals or property. Fragile by nature, a minuscule impact can render the drone useless – potentially irreparable. However, as with any object in motion, drones may result in injury to a innocent bystander. While the impact is not typically intentional, the injury can be severe and recovery costly.

Who is Using Drones?

Consumers can purchase drones for entertainment. Relatively affordable and increasingly more available, drones are similar to popular model planes of the past. The added bonus is drones are equipped with video capabilities and record while in flight.  The video captured by some drones have been amazing.

Businesses are also using drones more frequently than ever. On the business side drone operators are typically required to have a permit and be trained. Property development, construction engineers, landscape architects and a host of other industries and professions are using drones as a means to have a birds’ eye view, or to get great footage for presentations, planning and more. With technology growing at warp speed, and prices decreasing over time – Drones are predicted to be increasingly more affordable and available as time goes by.

Photographers and videographers are also integrating drones into their presentations; providing customers with unique footage of their special event that has never before been available.

Injuries from Drones, Definitely Not Child’s Play

While it may seem insignificant on the surface, drone injuries can actually be quite dangerous and costly. From impact injuries, cuts and more, people have suffered serious injury as a result of someone else’s negligence.

Types of Injuries Resulting from Drone Use

  • Impact Injuries: Drones can and have collided with innocent individuals
  • Shrapnel Injuries: Drones that hit a building or person may emit shrapnel and cause further injury
  • Blades: Depending on materials, drone blades can cause severe lacerations

Drone injuries may not be intentional, but the injuries can result in permanent impairment, pain and suffering. Something as simple as the operator letting the drone go out of range, or the slightest bit of inclement weather, can result in a person being severely injured severely.   This does not even take into account individuals that modify drones specifically to cause harm, or the potential for mass casualties that result from an inexperienced or malicious drone operator interfering with aircraft, vehicles and more.

The Consumer Technology Association estimated over 500,000 drones were sold this year. If you or a loved one has been injured by a drone, call me! You may be reimbursed for pain, suffering, medical care, lost wages and more.

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.

Injured by Negligence? Time is of the Essence

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You owe it to yourself to pursue justice for you and your family

The beginning of any new year is ripe with exciting possibilities and endless potential. For many of us, we begin the year by planning the best and brightest ways to improve our lives, improve our finances and make changes for the greater good of ourselves and our loved ones. For countless others, the dawn of a new year can mean the close of a governing time frame, particularly in injury cases. Do not let time affect your chance for true justice and financial compensation.

What Compensation Can Mean For You

When I meet with my clients, we talk about a host of issues that have resulted from their serious accident or medical mistake at the hands of a negligent individual or individuals. We discuss what life was like before the incident, the events of the incident, how life has changed since the injury occurred, the expenses associated with the injuries, how the injury has affected the family, job and more.  It is essential that I know every last detail.

In accident cases, personal injury claims, medical malpractice claims and other negligence cases, the damages sought are beyond financial reimbursement for actual expenses. As the victim, you may be entitled to a host of financial compensatory awards. Secondly, holding negligent parties accountable for your injuries may mean preventing a similar situation from hurting another individual or family.

The Beginning of the Rest of Your Life

From the very first time we meet until a settlement is reached, you will never pay one cent out of your pocket. From expert testimony to accident recreation, the cost of a case can be astronomical, but I have the financial resources to fight as long as necessary to win your case and I’ll Make Them Pay!®. Every single case is handled on a contingency fee basis which means my fees are paid when a case is favorably resolved.  If for any reason your case is not successfully resolved, you will not owe one dime.

Your claim can mean access to valuable resources and financial support. Lost wages, medical care, home care assistance, medical equipment, transportation and more – You and your family will receive the justice to rebuild your lives, and to make the most of your recovery and the road ahead.

If you or a loved one has been injured as a result of someone else’s negligence, call me today!

As your Ohio 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.