Brutal Dog Attacks

Many see them as harmless creatures, and sometimes they are, but as owners protect their dogs after brutal attacks, they should be held liable for the pain their animal inflicted on someone else. In Ohio there is a law for a dog to be put down and the owner responsible for damages. Although it is a sad thing for this to happen, it is important as a dog owner to always take precautions with your animal to protect it as well as others. Getting a dog is a huge responsibility. Not only do you have to bathe, feed and water you must also be aware that you must accept and face the consequences for any instance the dog might cause.

OHIO LAW

If you or a loved one has been involved in a brutal dog attack Call Me right away! I’ll be there for you and I’ll Make Them Pay!® Call Me Tim Misny right away at 1.877.944.4373.

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. 

Semi Truck Crash With Family of 5

Semi Crash Tragedy for Family of 5

A family of five who were traveling on the freeway in the early morning hours on their way to a wedding, were struck from behind by a semi-truck driver who fell asleep at the wheel. Three of the 5 family members were killed and the mother of the family remains in serious condition receiving treatment. A witness inside the vehicle said that they were experiencing mechanical problems so they decided to reduce speed and put on their warning lights. Although the hazard lights were on and functioning, it was still not enough for the truck driver to see at 4 a.m. in the early morning. Because the driver had fallen asleep at the wheel, it flung the vehicle into a tree line, crushing it and resulting in multiple deaths.

Fatal Truck Accidents Stats

  • In 2016, 3,986 people died in crashes involving semi trailers. Occupants of other vehicles made up 73 percent of these fatalities.
  • An estimated 111,000 people sustained injuries in crashes involving large trucks since 2014, an increase of 23 percent since then
  • In 2016, large trucks accounted for 17 percent of all vehicles involved in fatal crashes.

Crashes like these are the result of yet another hostile environment, that some trucking companies abuse and put their drivers through long strenuous hours with no limit. A crash like this may have been prevented if there had been extra safety precautions in place, taken on by truck drivers and the companies. There should be no reason for incidents like this to happen, killing innocent people. Something must be done and these companies must be held responsible for their actions.

If you or a loved one was injured or killed in a trucking accident due to another driver’s negligence, contact my office immediately. As your Ohio truck accident 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 1-877.944.4373.

Ultrasound Dangers

Ultrasounds Putting Your Newborn in Danger

It can be an exciting thing when experiencing a pregnancy. However, there are some things that may be harmful to your baby that you don’t know about. They are a different type of ultrasound known as a “Keepsake ultrasounds”. These have become more and more common for pregnant mothers to get, because of what they receive from it. Keepsake ultrasounds are taken for non-medical purposes and give moms a better and more 3-D photo of their pre-born baby. Packages may include video and pictures taken by non-medical professionals just to make a profit, but little do moms realize that although the photos may be better quality, it is putting your child at risk for birth defects and or complications.

When receiving an ultrasound at a medical facility it can be quite safe but due to the excessive heating around the tissue could cause some type of effect harming your child. It is important to only use ultrasounds for medical reasons and is not something to play around with just to get a picture.

Companies that offer these are not concerned by the long-term effects it will have on a child or any associated health risks, they are simply just trying to make a profit. Until we fully know and understand the effects of an ultrasound we must be careful and not risk the chance of causing danger to our premature. Having an ultrasound is strictly for medical purposes such as checking the health of a child, determining sex, deformity’s or unusual behaviors.

The FDA guidelines state that an ultrasound should not be used for any of the following reasons:

  • Non-medical
  • Specifically, to learn the gender, or a photoshoot
  • For commercial reasons

There is a regulation on ultrasounds and in Ohio, ultrasounds performed for non-medical reasons are legal, that is why it is important for you to protect your own health and the health of your unborn baby by refusing non-medical ultrasounds.

If you or your child suffered injury as the result of a non-medical ultrasound, you have to call me right away at 1-877.944.4373 . 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. 

Surgical Fire Burns

Surgical Fires Cause Severe Burns

Surgical fires are fires that occur in, on or around a patient undergoing a medical or surgical procedure. Surgical fires are rare but very serious events.  These events happen some of the time and can leave a patient with serious burns, or even cause death.

The ECRI Institute estimates that approximately 550 to 600 surgical fires occur each year. The fire can usually happen because of the anesthesiologist using tools to administer anesthesia that become very hot and start a fire from overheating. Miscommunication between the surgical team will cause these types of mistakes. In the medical field it is important to follow all steps but mistakes will happen and someone needs to be held accountable for their actions.

Most of the time surgical fires can be prevented if all the steps are correctly followed by the hospital staff.  It is a team effort and everyone is responsible for a particular task. The CRNAs are to monitor at all times the potential hazards that cause and start surgical fires. Each staff is equipped with safety rules to also follow in case of a fire and are trained in how to extinguish and properly shut down fires. There should be no reason for an innocent patient to be involved in or harmed by this life-threatening situation.

If you or a loved one has been involved in one of these fires Call Me! I’ll be there for you and I’ll Make Them Pay!® Call Me Tim Misny right away at 1.877.944.4373. I’ll Answer any questions you may have and I’ll be there for you! 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. 

Filing A Medical Malpractice Lawsuit

Everyone having a major operation may be concerned for the outcome after it is done. For most it can go smoothly and be very rewarding, but for others, the operation could cost you your life or leave you with a disability that will affect you for your remaining years. A patient who suffers through a failed surgery, or a surgery with less than satisfactory results, is often tempted to take legal action. This is a common action given the circumstances caused by the surgery. However, cases as unfortunate as they are, there are only some cases that have the ability for us to take legal action.

Taking Legal Action

To pursue a doctor for malpractice due to a failed surgery, you must prove that the doctor failed to provide standard care that most other doctors are likely to execute during the same surgery. This means that no other reasonable doctor, in a similar situation, would have done the same as what your doctor did. This will be hard to prove, but you can also sue for a unnecessary act of surgery that did not need to be done.

Reasonable Standard of Care

The statement made that a surgery, such as a hysterectomy or reconstructive surgery, was failed, by itself, is not enough to pursue a failed surgery case. It is common that no medical procedure has a guarantee for success and involves certain risks, which makes the law focus more on a doctor’s conduct rather than just medical results.

In medicine there are many different ways to fix or solve a common problem among most injuries resulting from surgery but also there are certain ways other doctors may approach the problem. Therefore, it does not matter if one doctor would have done something different than another. What is important is know whether your doctor’s way of conducting the problem was below the standard of care.

Contacting Me As A Lawyer

If you feel you have been a victim of Medical Malpractice, you need to Call Me Tim Misny right away at 1.877.944.4373. I’ll Answer any questions you may have and I’ll be there for you! 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. 

 

Distracted Walkers Causing Accidents

Distracted Walkers Causing More Accidents

We all have done it. Get side tracked by our phones and use them while walking around sending a text, scrolling through Facebook, facetiming, skyping on the phone, not paying any attention to where you are going. Getting distracted by your phone is so common now it is referred to as “Distracted Walking”. Distracted walkers are most common among aged 18 to 34, but women aged 55 and older are more likely to suffer serious injuries, including hip fractures, according to a 2013 study in Accident Analysis & Prevention. Visits to emergency rooms for injuries caused by distracted walkers on cell phones have more than tripled since 2013. Thousands of people every year become hospitalized with serious injuries such as shattered pelvises, head injuries, shoulder injuries and rib fractures. The average age of a cell phone user due to the increase and advancement of technology is 10 years of age. With as young of kindergarten age 5, we as parents need to think about the needs and safety of our children.

The National Safety Council says that the rise in distracted cell phone walking injuries is consistent with the increase in cell phone users. The nationwide increase in pedestrian deaths from such things as falling down stairs, getting hit by a car and walking into a glass door prompted the federal government to give grants to some cities to create a method to reduce distracted pedestrians. Peripheral vision drops significantly while a person is texting or talking on the phone. The lack of focus to your surrounding is caused by the focus on your phone. Experts say regardless of the belief that multitasking is possible and safe, the human brain is only designed to pay attention to one thing at a time. Please pay attention to where you are walking. Not paying attention will give you the higher chance of a tragedy striking and you could have prevented it just by waiting to talk, check, or play on your cell phone. This will also reduce the number of injuries and deaths per year if more people just waited to get to where they are going first.

This will lead to less accidents and even deaths caused by cars from people failing to look both ways. Although drivers should always yield for pedestrians, some do not and it can cost you your life. Paying attention at all times where you are at and your surrounding will make everyone safer and happier.

If you or someone you love was injured or killed in a car accident due to another driver’s negligence, you must call me right away at 1 (877) 944-4373. As your Ohio car accident lawyer, I’ll be there for you. My clients deserve justice and I will do everything I can, 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.

Used Car Dangers

Dangers of Buying Used Vehicles

Due to the economy and lack of growth, people are buying used cars more than ever. It is an easy way to spend less money for a decent car that gets you from point A to point B. Although these cars may be cheaper and affordable, it isn’t always the safest way to go when looking at buying a vehicle.

Buyers of used cars should be aware of used car dealerships because they distribute newer version of cars without side airbags.  Side curtain airbags are standard in some vehicles but to cut costs of buying the cars, dealerships will order them without because it is much cheaper.  According to Strategies General Motors has allowed fleet buyers, including the largest buyer, Enterprise Rent-A-Car, to remove the standard side curtain airbags from these two popular models of vehicles.  They also reported that “despite the importance of side airbags as a safety feature, Safety Research & Strategies’ investigation has found that Enterprise Rent-A-Car and other fleet purchasers regularly took advantage of GM’s option to delete the standard side airbags in a significant number of 2006, 2007 and 2008 Chevrolet Impalas as well as 2008 and 2009 Chevrolet Cobalt vehicles.  These cars were then resold to average American people just like you, with lack of awareness that there were no side airbags.

Side airbags are installed to protect the head, neck and upper torso area of the body. This is very important when it comes to the safety of the driver when involved in a fatal crash. Most of the time it can save your life. Side impacts are the second leading cause of injury when involved in a car accident and it is a shame that these dealerships put people’s lives at risk just to make more profit.

DMV Used Car Checklist

  • Exterior (Glass fully intact free from cracks, rust, scratches, dents, windshield wipers, headlights and headlights and directional lights intact and fully functional)
  • Tires (Tires are a reputable brand name Michelin, Bridgestone, Goodyear, tires are all same make, no cuts blades anything sticking out, spare tire, all tires inflated)
  • Engine (Free of fluid or oil leaks, oil filler neck not coated with thick, black deposits, oil dip stick free of dark, black oil, oil dip stick free of dark, black oil, exhaust pipe emissions are neither blue (indicates engine burns oil) or black (indicate excessive oil consumption).
  • Suspension (Vehicle rests levelly, when bouncing the vehicle’s corners, no creaking noises are made, all corners respond the same when bouncing)
  • Interior (Seats unworn and free of cracks, all doors open and close freely, lacks a heavy scent of air freshener may indicate something is being concealed, all gauges work, no dashboard warning lights remain illuminated, heater/air conditioner works, windows operate, alarms lights signals, buttons all fully intact and functioning.)
  • Frame (no signs of rotting, crumbling, holes)
  • Automatic or Manual Transmission (transmission fluid is clean, does not slip or raise and lower rpm while driving)
  • Steering (Vehicle does not go side to side, no clicks or banging noises, no resistance while turning.)
  • Brakes (No grinding noises when applying brakes, brakes do not lock up, and vehicle drives straight without pulling from side to side)
  • Records/Documents (Paper documents of past services such as oil changes, part replacements, new tires etc.)

It is also wise to take a newly bought vehicle to a mechanic for further inspection. If you or someone you love was injured or killed in a car accident due to another driver’s negligence, you must call me right away at 1 (877) 944-4373. As your Ohio car accident lawyer, I’ll be there for you. My clients deserve justice and I will do everything I can, in other words, 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.

Street Racing Tragedy

Street Racing Killed 65-year-old Man

People think the best way to have fun while driving is to go fast. Movies like Fast & The Furious have us believing that the faster you go, the more fun and thrill you will have and influence us to race. However, this is not the reality of the world. In Stockton, California a 65-year-old man was killed in a car crash after obeying traffic laws. The investigation shows that a black truck involved in a street race going at a high speed collided with the man, then sped off.

Investigators with the Stockton Police Department say two drivers, including the one in the truck, had been illegally racing on California Street late Sunday afternoon. The crash is still under investigation and the family will suffer a great loss because of the negligence of these drivers. I must encourage everyone, no matter who you are, to always drive carefully and cautiously because no matter what at any moment in time you could be a victim of a fatal car crash because of another driver.

Safe Road Tips

  • Always Maintain safe driving speed within limits
  • Look all ways when at a stop sign, red light, intersection
  • Never fail to yield at signs
  • Be aware and able to hear surroundings
  • Follow all appropriate/recommend road laws

If you or someone you love was injured or killed in a car accident due to another driver’s negligence, you must call me right away at 1 (877) 944-4373.

As your Ohio car accident lawyer, I’ll be there for you. My clients deserve justice and I will do everything I can, 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

Waterslide Dangers

Waterslide Death Trap

When the summer weather hits the sun shines, the heat rises, and people think what a perfect day to cool off, or what a perfect day to bring the whole family to the local waterpark to have fun! Though a fun day might be at the local waterpark, no one was expecting a 10 year old boy to be decapitated and killed on a water slide.

In Kansas a popular waterpark has a waterslide called “The Veruckt” which happens to be the tallest roller-coaster/waterslide in the world. It was built by Jeff Henry who co owns the company with his siblings.  The ride is 170 feet high covered with suspended netting to catch people that fall off. The ride was a spur of the moment idea with the intention of impressing television channels. Jeff and his business partner John Schooley were the masterminds in designing the ride and its calculations, even though neither of them had any credentials in mathematics or engineering.

Under further investigation by officials they discovered that the company and everyone was already aware about the dangers and safety of the waterslide, and failed to do anything about it because they wanted to maintain the status for having the world record waterslide. Though several attempts were made such as an age limit of 14 to be put into place, and a flaw where the waterslide would throw people up and make the rafts go airborne, was ignored after the opening.

Over the two years after the 2014 opening and before the death of the 10 year old boy 13 people were seriously injured and later found the injury reports were hidden where no one would find them. People of the company are being charged with involuntary manslaughter along with several counts of aggravated battery, aggravated child endangerment, and interference with law enforcement. Since then the boys family has won a settlement of 20 million dollars from different companies.

If you or a loved one was injured or even killed due to a mistake of a resort of theme park call my office immediately! I’ll answer any questions you may have and I’ll be there for you. As your Ohio injury based lawyer I have represented the injured victim for over 37 years. Don’t wait to call! 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

Vacation Condo Gas Leak

The point of a vacation is to be able to get away for a while and spend time with family stress free and enjoy it. Well that’s what a family of four was doing in Mexico until they died from a gas leak in their condo. An American family on a getaway to Mexico ended badly when the Mexican police found all 4, Parents and their children dead inside The Tulum condominium.

Authorities stated the family had died from asphyxia by inhalation of toxic gas.  More evidence points to the boiler inside the condo that was releasing high amounts of gas causing the death. No further reports have been released whether the condo was equipped with gas alarms or detectors. All that was said by the resort was that it had sold the condominium a while back to a private owner back in 2013.

Warning Signs of Gas Leak (What to watch for)

  • Higher than normal gas bills.
  • Nausea.
  • Headaches.
  • The smell of sulfur or rotten eggs in your home.
  • Difficulty or irregular breathing.
  • Fatigue.
  • Chest Pain.
  • Depression.

Always be sure to check in home carbon monoxide/gas monitors, alarms, or detectors to see if they are fully functional and working.

It is unimaginable what the loved ones of the family have to go through and it is unacceptable on the owner’s part for anything like this to ever happen. Don’t let a mishap take control and affect your life. If you or a loved one has been injured or killed by a situation due to someone’s negligence call me! I’ll be there for you and answer any questions you may have. 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.