What Type of Lawyer Do I Need?

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What Type of Lawyer Do I Need?

Each and every day we answer a multitude of emails and calls from potential clients. These emails and calls relate to a host of legal situations and requirements.  Deciphering what type of lawyer is needed can often be a difficult task for people!  Here are some tips to determining the right type of lawyer for your case.

Medical Related Injuries

Medical related mistakes, injuries and deaths are often preventable or at the very least, predictable. If you or someone you love suffered as the result of a negligent medical professional, you would require a medical malpractice lawyer.

  • Medical Negligence
  • Surgical Errors
  • Misdiagnosis
  • Anesthesia or Medication Errors
  • Infection

The statute of limitations on a medical malpractice claim in Ohio is 1 year.

Birth Injury

Cases in which the mother, child or both are harmed during pregnancy, delivery or immediately following delivery, would be entrusted to a birth injury lawyer.

  • Cesarean Injuries
  • Pre-eclampsia and Eclampsia
  • Erb’s Palsy
  • Cerebral Palsy
  • Anoxic or Hypoxic Injury
  • Brain Injury
  • Uterine Rupture
  • Should Dystocia
  • High Risk Pregnancy Complications

The statute of limitations on a birth injury claim is 1 year in Ohio. An injured child has 1 year from the time they turn 18 to file a claim for past injury.

Car Accidents

Accidents as a result of someone else’s’ negligence can have catastrophic results. If you were involved in a serious accident, you would need an experienced car accident attorney.

  • Car Accidents
  • Motorcycle Accidents
  • Truck Accidents
  • Road Rage Incidents

Work Related Injuries

Injuries that occur as a direct result of an accident at work, a repeated work place activity or a workplace related illness would be trusted to a workers’ compensation attorney.

  • Serious Injuries
  • Wrongful Death
  • Repeated Behavior Injuries
  • Occupational Disease (Cancers, etc.)

Nursing Home

Nursing home related claims, such as nursing home neglect or nursing home abuse, would be for a nursing home abuse lawyer.

  • Lack of Care
  • Medical Negligence
  • Physical Abuse
  • Emotional and Verbal Abuse
  • Restraint
  • Sexual Abuse
  • Financial Abuse

Personal Injury / Catastrophic Injury

Personal injury is commonly the most misunderstood and often confusing type of scenario. As we have outlined above, there are a plethora of tragedies that require experienced legal counsel. Personal injury is a confusing, blanket term used to describe a variety of cases.

A personal injury case is the direct result of someone’s’ negligent or intentional behavior injuring another individual. Personal injury attorneys often cover the above aforementioned cases, in addition to;

  • Wrongful Death
  • Catastrophic Injury
    • Severe brain injury
    • Back or neck injuries
    • Burns and amputations
    • Dog bites
    • Slips and falls
  • Social Security Disability
  • Some Intentional Torts

If you or someone you love has found yourself wondering if you need a lawyer, it is time to make the call.  As an experienced Ohio attorney, I have the legal expertise and committed time that can only come with 36 years of successful work and case results.

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.

Trampoline Park Injuries

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Trampoline Parks: Fun or Fateful?

Trampoline injuries are prevalent throughout the US.  Many homeowners’ insurance companies will deny coverage if a trampoline is on the property. This begs the question, why are home trampolines and trampoline parks so widely popular?

Several recent studies highlight the truly frightening injury numbers. Trampoline parks up the ante and provide the perfect storm for injury or tragedy – typically amidst celebration and laughter.

The Injury Toll in Trampoline Parks

The International Association of Trampoline Parks (IATP) is on the record as stating that in just North America, there were about 50 million annual visits on average to trampoline parks.   Estimated growth in popularity of these facilities is astonishing – From just about 25 parks in 2010 to a whopping 350+ parks in 2014 and more today.

Unfortunately, the correlating injury data is shocking.

  • A rise in all trampoline injuries from 600 (2010) to almost 7,000 by 2014 (Journal of Pediatrics Study Feature)
  • Annual average of about 92,000 emergency room visits for trampoline injuries over the 2010-2014 period (Home and park combine)
  • Roughly 10% of trampoline park injuries led to a hospital stay – nearly double the rate of home injuries that required hospital admission.
  • While most injuries were children, about 19% of park injuries are adults over the age of 18.

Home or Away – Trampolines are Dangerous Play

The arguments for or against trampoline parks vary widely.  While injuries on home trampolines are prevalent, the injuries that occur at trampoline parks tend to be more serious in nature. Most injuries, home or in public settings, are typically the result of multiple jumpers, falls or failed tricks. Even under supervision at a park, the nature of having multiple participants significantly increases the threat of danger.

The American Academy of Pediatrics is on the record as saying they ‘Strongly discourage the use of home trampolines’ which logically also applies to parks. While parks may have safeguards such as staff, nets and pads on the floors and walls – The common cause of serious injury is multiple jumpers or ‘double jumping’ which is the very foundation of the parks’ strategy.

According to a general study by the Journal of Pediatric Orthopaedics

  • More than 1 million people were treated at the ER for trampoline injuries over a 10 year period – About $1 billion in treatment costs
  • About 300,000 of those injuries were broken bones and fractures – Or about $400 million in costs
  • 60% of broken bones were upper arms / shoulders /etc
  • 36% were lower extremities
  • 200 injuries led to permanent brain injury

Common Types of Trampoline Injuries

  • Head Injury / Concussion
  • Broken Bones
  • Bruises
  • Scrapes
  • Brain injury
  • Neck and spinal injuries
  • Cuts
  • Crush or impact injuries

If you or a loved one was injured in a trampoline incident, you must seek legal help 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.

Wrongful Entrustment Lawsuit

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Wrongful Entrustment in Ohio

A recent news headline has brought a topic to light that I believe is very important. As a parent, family member or spouse, we all may be guilty of failing to look past the present moment and not using the best judgement.  Our love and stress level may result in not clearly or rationally making decisions.  Unfortunately, wrongful entrustment is the exact reason why foresight is so incredibly important.

In July, just at the Kirtland-Mentor, Ohio border, a 21-year-old driver was evading Kirtland Hills police when he lost control of his vehicle.  The driver was subsequently charged with killing the passenger in that vehicle. The 21-year-old man was driving under a suspended license, and it is suspected that he was under the influence of alcohol at the time of the accident.  While this may seem to be an open and shut case – the most recent development and wrongful entrustment charge against a 62-year-old Painesville man highlights the complex nature of this case.

Defining Wrongful Entrustment

A wrongful entrustment charge can be brought against an individual who gives access to his or her vehicle to someone that should not be driving. Individuals can be charged with wrongful entrustment if the person driving is married to or related to by blood to the vehicle owner, within the same household.

Wrongful entrustment can be;

  • Lending or allowing a driver to drive their car with a suspended license
  • A driver that has been drinking or taking drugs, or otherwise unable to operate a vehicle
  • A driver that cannot drive safely due to health issues or illness or medication
  • A driver that does not have insurance
  • A driver that does not have a license or learning permit.

Just as the charge implies, wrongful entrustment means that you have allowed someone use of your vehicle, while knowing or reasonably being expected to know, that they are unable to safely and/or legally operate the vehicle.

This case tragically highlights the exact importance of the wrongful entrustment theory and charge.  As a community, as a parent and as a human being, our hearts break for the young 20 year old that lost her life.

If you or someone you love was injured or killed in a motor vehicle accident and you believe that there is culpability beyond the driver, you must contact me 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.

 

How to Have a Fun 4th of July While Avoiding Personal Injury

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On July 4th, 1776, our founding fathers signed the Declaration of Independence, a monumental moment that marked the birth of our nation as a free country. Now, the Fourth of July is a time of friends and family, barbeques, celebration, and of course, fireworks.

Unfortunately, however, the Fourth of July is also a time of injuries and hospital visits.

Fireworks

Ohio’s law on fireworks allows purchase of fireworks in the state, but buyers cannot use them in Ohio and must take them out of the state within 48 hours of purchase.

While many may think that large fireworks are the most dangerous fireworks, novice fireworks (such as sparklers and smoke bombs) account for the most firework-related injuries.

Because they burn at 1,200 degrees Fahrenheit, sparklers can easily cause severe burns upon contact with skin. Additionally, because sparklers are often used in a manner like waving them around, they can just as easily hit an object or person. Parents should not give their children sparklers due to such risks.

For those living outside of Ohio and able to use them, setting fireworks off can result in severe burn injuries and amputations if handled improperly. Never light a firework while holding it, as it can explode before it is thrown. Rather, set it on the ground, light it, and step away from it quickly.

The safest way to avoid firework injuries is to not handle fireworks at all. Instead, let professionals do the work while you enjoy the show from a distance.

Car Accidents

The Fourth of July is one of the worst days for car accidents. The Insurance Institute of Highway Safety reports that from 2010-2014, an average of 118.4 lives were lost from car accidents on July 4th – nearly 30% more than the average day!

Part of the problem comes from the amount of intoxicated drivers. Nearly 41% of fatal July 4th car accidents involved at least one driver with a BAC of .08 or higher. You can avoid drunk driving by appointing a designated driver and limiting how much you drink at a party.

Be sure to drink plenty of water throughout the day to prevent dehydration and to lower your blood alcohol level.

Distracted and fatigued driving is another cause of accidents on the 4th of July. Drivers may be distracted by other fireworks while driving and take their eyes off the road. Additionally, drivers may be too tired from a long day of celebration to provide the attention required to safely drive home.

If you feel distracted or tired while driving, pull over and take a 15-minute nap. Even a short sleep can refresh you and make you more alert for your drive home.

Pool Accidents and Food Poisoning

While injuries from pool accidents and food poisoning are less frequent than car and firework accidents, it is always important to be safe and take caution when swimming and cooking food.

Although a nice swim in the pool may be refreshing on the hot summer day, make sure to avoid diving into shallow water and running by the poolside. Furthermore, you should avoid drinking while swimming to prevent accidental drowning or water injury.

Barbeques are a fun way to celebrate the holiday. However, make sure the meat is cooked thoroughly to avoid consuming undercooked meat. Don’t let preventable injuries ruin your 4th of July. Make sure to follow the proper safety precautions to make the holiday as enjoyable as possible. If you or a loved one suffers an injury from another person’s negligence, contact my offices immediately.

As your official 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

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.