What readers might not realize, however, is that many such supplements are not subject to the same pre-market safety inspections required of many other products before they can be released on the market. The U.S. Food and Drug Administration’s regulations classify dietary and vitamin supplements in a class by themselves, exempting many from the FDA’s pre-market approval process.
]]> Unfortunately, that classification may come at the price of an increased health risk. According to FDA officials, dietary supplements comprised more than 50 percent of the recalls between 2004 and 2012 due to ingredients found to pose a reasonable probability of serious side effects or even death. In terms of numbers, 237 of the 465 drug recalls in that eight-year period were dietary supplements. What’s really scary, however, is the sheer volume of such unregulated supplements currently on the market. According to one estimate, there are 65,000 dietary supplements available to American consumers, and almost half of all Americans may consume at least one type of supplement or vitamin.A jury might agree that a dietary supplement that has been found to pose a high risk of serious injury might be considered tainted, or defective. If such a product causes personal injury, the manufacturer might be held accountable for that dangerous product in a product liability lawsuit. Consumers expect that manufacturers will deliver a product that performs as advertised. Any breach in that expectation might expose the supplement maker to liability.
Source: forbes.com, “Massive Drug Recalls are a Wake-Up Call for Vitamin and Supplement Industry,” David DiSalvo, April 18, 2013
]]>Ohio readers may have observed teenagers whose attention was glued to their smartphone or other portable electronic device, such as iPads. It seems that social media applications demand the constant attention of many teenagers, many of who are more than willing to comply. This addition to texting has led to the creation of a whole new vocabulary of common text messaging and online chat abbreviations. Expressions such as “lol” have become ubiquitous. At last count, at least one source had indexed over 1,000 such abbreviations.
]]> A survey involving more than 7,833 high school students found that more than 40 percent of teen drivers admit to texting behind the wheel. This practice is inherently dangerous because it often requires a driver to take his or her eyes of the road, as well as juggling the smartphone in one hand and driving with the other.Text-addicted teens that cannot put down their cell phones while driving may endanger everyone on the road. Safe driving requires constant monitoring of traffic patterns, road conditions, and traffic signs and lights. Dividing one’s attention in half by texting behind the wheel may impair reaction time and give rise to negligent driving, such as not keeping a safe distance behind vehicles, observing speed limits, or checking mirrors and blind spots before merging.
Source: globalpost.com, “Texting and driving: over 40% of teens do it, says study,” Alexander Besant, May 5, 2013
]]>Doctors often prescribe opioids for patients or nursing home residents experiencing short-term pain after a surgery, as well as for for victims of a motor vehicle accident who sustained traumatic injuries. Long-term use of such medication, however, may not be safe. In addition to being highly addictive, prescription opioids may also be less effective in reducing pain symptoms over time.
]]> According to a recent report, the number of fatal overdoses in Ohio was surprisingly high, estimated to be 1,765. That number elevates overdoes to be the leading cause of accidental death in 2011 -- taking more lives than even traffic accidents. Said another way, an Ohio resident died of an accidental drug overdose every five hours in that year.Nursing home residents and medical patients depend on their doctors and pharmacists to review their medical histories and prescribe medication that is appropriate for their condition. Patients at high risk of drug abuse may not be suitable for an opioid prescription. Similarly, allowing patients to take highly addictive pain killers for an extended time may also not be in their best interest, and constitute medical negligence on the part of health care professionals.
Surviving family members of drug overdose victims may have been shocked at the cause of their loved one’s death. Although learning that their loved one’s prescription may have been inappropriate may not ease their suffering, it will at least hold medical professionals accountable for their negligence.
Source: news.cincinnati.com, “OD deaths still Ohio's top killer in accidents,” Mark Wert, April 29, 2013
]]>Yet such laws may also protect another type of beneficiary: smaller dogs. Dogs seem to have a natural curiosity and instinct to smell other dogs they approach. Leash laws can help owners prevent such interactions from escalating into dog fights, potentially avoiding contentious premises liability lawsuits arising from a dog bite.
]]> Unfortunately, one Ohio dog owner recently discovered just how dangerous unleashed dogs can be. The owner was walking his Jack Russell on a leash in Battery Park in Sandusky, Ohio. However, his peaceful outing was interrupted by two pit bulls that seemingly appeared out of nowhere and began attacking his dog.In trademark style, the pit bulls clamped their jaws on the man's Jack Russell and would not let go. The man attempted to save his pet by lying down and covering his pet with his own body. The man reports that he even bit one of the pit bulls in the leg. Fortunately, another pedestrian happened to pass by and called the police. When the police arrived, they had to use their tasers to get the pit bulls to relent. One of the pit bulls died, and the other was transported to a local dog pound.
Source: sanduskyregister.com, "Man bit dogs," Tom Jackson, April 23, 2013
]]>The research indicates that brain injuries can occur even in the absence of traditional signs, such as loss of consciousness or dizziness. In fact, the Centers for Disease Control and Prevention recently updated their resources about concussion safety. New safety guidelines state that a player who receives a blow to the head should be examined by a doctor before returning to play -- even if that means missed playing time.
]]> The story of an Ohio middle school football player provides context. The 13-year-old player was tackled and sustained a blow to his head. However, his coach allowed the boy to shake off the injury and return to playing the game. However, it turns out that the teenager had actually suffered an undiagnosed concussion. When that mistake was discovered, the boy underwent a brain operation and spent almost a year in recuperation, relearning how to walk and talk and regaining his motor skill coordination. However, he may have permanent neurological damage from the injury.Parents expect high school teachers and coaches to provide adequate supervision of their students, both in the classroom and on the playing field. If a breach in that standard of care results in a student injury, a personal injury lawsuit might be a way to hold the negligent parties accountable for their actions.
Source: stack.com, "Ohio Passes Law on Sports-Related Concussions: House Bill 143," April 15, 2013
]]>An Ohio judge recently determined just that issue. The judge, presiding over a court of claims, concluded that not even a responsible driver could have avoided the accident that ensued after a truck hit several potholes on a road in Columbiana County. The truck driver apparently lost control after hitting the potholes, crossing over into oncoming traffic and colliding with a woman driving a Dodge Intrepid. The woman did not survive the crash.
]]> Instead of finding fault with the truck driver, the judge determined that the state of Ohio should be held accountable -- in an award in excess of $3 million. Specifically, the judge determined that the Ohio Department of Transportation had been negligent in its maintenance of the roadway, and that the collision would not have occurred, but for the potholes.A spokesperson for ODOT denied that the agency had been negligent, and speculated that the potholes may have developed overnight, due to winter conditions. ODOT officials also allege that the truck driver should have been held accountable for the crash, at least in part, as another driver may have been able to avoid a collision.
This post illustrates the responsibility that local and state government officials have to keep public sidewalks and roadways safe. When they fail in that duty, a determination of negligence -- and a sizable monetary penalty -- might be the consequence in a subsequent premises liability lawsuit.
Source: cleveland.com, "Ohio must pay $3.3 million for fatal pothole accident, court rules," Sabrina Eaton, April 5, 2013
]]>Such questions may be in the minds of the surviving family members of a recent Ohio crash. A woman was traveling with her four daughters in suburban Cleveland. According to reports, another vehicle ran a red light and crashed into the family, killing both the mother -- who was six months pregnant -- and two of her daughters. The remaining two daughters also sustained injuries and were transported to a medical facility for treatment.
]]> Police charged the man with aggravated vehicular homicide. Authorities have also stated that they suspect the crash to be alcohol-related. However, police did not cite any evidence to support that claim.In a case like this, it will be important to exhaust all possible sources of evidence. If the man was under the influence of alcohol or drugs, witness or police accounts of any interviews with the man shortly after the accident might be relevant. In addition, the survivors should inquire whether any chemical testing was done.
However, investigative techniques will probably be the last thing on survivors' minds. Most will probably be consumed with their own feelings, as they work through the pain caused by losing loved ones. For that reason, many survivors turn to an attorney to investigate potential claims of driver negligence.
Source: fox19.com, "Man charged in Ohio crash that killed 2 girls, mom," April 1, 2013
]]>Last year, for example, Ohio residents experienced a very mild winter. Although data is not yet complete for this year, the presence of snow still on the ground suggests that spring is a bit delayed in many parts of Ohio this year.
]]> Unfortunately, some drivers may not take adequate care to monitor the changing road conditions created by seasonal fluctuating temperatures. A pickup driver, perhaps expecting better spring road conditions, recently lost control of his vehicle due to slippery conditions created by the ice and snow. The crash occurred in the early morning hours on US 35, near Dayton, Ohio.Unfortunately, that initial crash led to a second incident, where another approching vehicle slid into the local firefighter who was responding to the first crash. Although the firefighter was thrown up to 30 feet away by the impact, he somehow avoided life-threating injuries. In total, at least 11 cars were involved in the pile-up, although only one other individual required medical treatment at a local hospital. The other drivers were required to stay on the scene, where they completed car accident reports for the local police.
Authorities are citing icy road conditions as the cause of the 11-car pileup. However, responsible driving requires attention to road conditions and following at longer distances behind other vehicles. In this case, the investigation of which drivers may have been at fault will likely require the assistance of an experienced personal injury attorney, due to the number of vehicles involved. An attorney will know what evidence is required to prove negligence in a civil lawsuit seeking compensation.
Source: wdtn.com, "Firefighter injured at US 35 pileup," Brooke Moore, March 26, 2013
]]>According to reports, the impaired 19-year-old driver traveled for four miles on the wrong side of Interstate 75 before colliding into an oncoming vehicle. Yet when questioned by an Ohio State Trooper, the teenage drunk driver responded that she didn't know anything about what caused the crash. Apparently, the driver has no recollection of her four-mile traffic violation.
]]> The collision happened around midnight. Unfortunately, the impact of the crash led to a subsequent pile-up, involving a total of five vehicles. The first victim's car was pushed into a tractor-trailer and caught fire. Unfortunately, the driver of that first vehicle, a Missouri woman, died in the fire.A test indicated that the teenage driver's blood-alcohol content was .236. However, since the driver is under the age of 21, the applicable legal limit for her age group is .02, rather than the .08 BAC that applies to adults over the age of 21. In this case, the girl's alleged level of intoxication was more than 10 times over her legal limit.
It may be hard for the surviving friends and family of the killed victim to find closure from a tragedy like this. Although indiscretion is sometimes the vice of youth, no one should have to share the roadways with a drunk driver. Through a wrongful death lawsuit that produces a substantial recovery, the woman's family may find some assurance in knowing that the legal system is holding the teenage drunk driver accountable for her negligence.
Source: daytondailynews.com, "Teen driver indicted for wrong-way crash that killed woman," Mark Gokavi, March 19, 2013
]]>However, one of those factors -- a higher carriage -- also requires extra driver responsibility. Due to their higher center of gravity, many SUV drivers advise slower speeds around curves, to avoid the potential of rollovers. Unfortunately, one Ohio teenage driver apparently didn't heed this advice, and tragedy ensued.
]]> The 19-year-old teenage driver was transporting her seven teenage friends in an SUV, traveling on Pine Street in the Ohio town of Warren. However, the driver reportedly sped up as she rounded a section of the road known as "Dead Man's Curve." The SUV collided into a guardrail before flipping over into a pond. The driver and five other passengers drowned to death. The remaining two teenage passengers were able to escape from the submerged SUV.When authorities arrived, the two teenage survivors alleged that their driver had been driving "crazy" and that it had felt like she rounded the curve going 80 mph. The ongoing investigation has also revealed that the driver did not have a valid driver's license and that the SUV had been reported stolen.
Authorities are awaiting the results of drug and alcohol tests from the drowned driver and her passengers. If alcohol is determined to have been a factor in the crash, the surviving family members of the victims may consider bringing a wrongful death lawsuit against any individuals responsible for providing the teens with alcohol.
Source: cbsnews.com, "Driver in fatal Ohio crash didn't have license," March 12, 2013
]]>Typically, employers are shielded from liability for workplace injuries by workers' compensation insurance agreements. Workers who sustain on-the-job injuries must proceed in accordance with the applicable workers' compensation policies.
]]> However, an exception exists under Ohio law if an employer deliberately misrepresented an unsafe condition in the workplace or intentionally disregarded a required safety precaution. In such instances, an employee may be able to bring a civil lawsuit against his or her employer and attempt to recover compensation, in spite of a governing workers' compensation policy.In this case, the man claims that his employer should be liable for intentionally disregarding warnings about darkened aisles too narrow to accommodate both forklifts and workers at the same time. The man claims he was injured when a forklift pinned him against the side of just such a narrow, poorly lit aisle.
Property owners in Ohio have a duty to keep their premises free of unsafe or dangerous conditions for any invited guests. This potential premises liability applies to private business owners who open their facilities to customers, as well as to local governments who open certain buildings to the public. Even a neighbor might be liable for failing to remedy a dangerous condition for the safety of his or her guests.
Many different types of conditions may constitute such a hazard if they have the potential to cause injury. Examples may include malfunctioning elevators or escalators, spills that are not promptly cleaned up, inadequate lighting, crumbling sidewalks, and even negligent security. If you have been injured by a dangerous condition after being invited on another's property or facilities, an attorney can advise you of the evidence you will need to prove your claim.
Source: cleveland.com, "Injured worker lawsuit at Ohio Supreme Court spotlights deliberate-intent-to-harm standard," Alison Grant, March 3, 2013
]]>From the perspective of such pet owners, the danger posed by unsafe or tainted pet food cannot be overstated. Imagine their concern, then, to learn that Pro Pet, an Ohio-based pet food manufacturer which distributes to grocery chains such as Hy-Vee Inc., recently announced that some of its dog food might be tainted with a poison called aflatoxin.
]]> Aflatoxin is a mold byproduct. If consumed, the poison can cause serious illness or possibly even death. Since it thrives in dry conditions, officials suspect that last year's drought may have resulted in an outbreak in grain silos and other storage places. In fact, the U.S. Department of Agriculture reports that payouts for mycotoxins, or fungi-related claims, totaled nearly $75 million in 2012. Corn -- a common ingredient in many pet foods -- may have been hardest hit by the aflatoxin outbreak.Consumers have a right to expect that the products they purchase are safe and can be used for their designated purposes. Clearly, poisoned pet food does not meet pet owners' expectations. If further investigation reveals that negligence on the part of the pet manufacturer was to blame, any consumers whose pets were injured by the tainted pet food may have a strong product liability claim on their hands. An attorney will know what evidence is required to establish that negligence was at play.
Source: Huffington Post, "Hy-Vee Dog Food Recall Prompts Toxic Mold Concerns In Drought-Hit U.S. Corn," Carey Gillam and Julie Ingwersen, Feb. 25, 2013
]]>Dan Sucher was able to collect $300,000 from the at fault driver's insurance company. Dan discovered that there was additional coverage available under the motorcyclist's own policy. That underinsured motorist claim was settled for an additional $425,000.
]]>According to investigators, an Ohio man with a blood alcohol content of 0.346 -- more than four times the legal limit -- entered the interstate going the wrong direction. The man front-ended a minivan. Sadly, the drunk driver also had passengers: his 7-year-old son and a friend of the son's.
]]> The collision proved deadly on both sides. The man and his son were killed, and the son's friend was seriously injured. The minivan driver and his wife were also killed, and their four children traveling as passengers in the minivan were seriously injured. In a statement, the local patrol superintendent reinforced the patrol's commitment to ridding Ohio's roads and highways of impaired drivers.No one should have to share the road with a driver who is under the influence of alcohol. Safe driving requires alert individuals who are able to concentrate on traffic signals and observe road conditions. Even sober drivers may struggle with that duty of care, fighting occasional distractions that, if uncorrected, might result in negligent driving. When a driver is also fighting the effects of alcohol, however, that standard of care quickly becomes impossible to meet.
For surviving family members of victim who was killed in an alcohol-related crash, the law provides the right to bring a wrongful death suit. With the help of a wrongful death attorney, the survivors can present evidence to the jury that demonstrates how a drunk driver's negligent driving caused the accident.
Source: wbir.com, "Ohio man that caused crash that killed TN couple was drunk," Feb. 22, 2013
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