The law that holds liquor permit holders responsible for drunk driving crashes is known as “Dram Shop.” In general, the law states that a liquor permit holder (typically a bar or restaurant) that serves a noticeably intoxicated person additional alcohol may be legally responsible for the drunk person’s later actions proximately caused by their intoxication. Some bars and restaurants provide training for their employees in order to prevent such harmful events. But often for the sake of profit over safety, the training is ignored, or not even provided. This can lead to patrons being improperly served.

When intoxicated persons cause harm, it stems not solely from drunk driving, but also equipment operation or physical conduct such as fighting or sexual assault. For example, if a person is simply out at a restaurant where the bartender has served a noticeably intoxicated person additional alcohol, and the intoxicated person assaults the person without provocation and causes injury, the restaurant may be liable for the actions of the intoxicated person.

Commonly in Ohio, the majority of the harm is caused by the actions of a drunk driver. According to the Ohio State Highway Patrol, in 2021, the most recent year for which there is complete data, there were 11,084 OVI (operating a vehicle while intoxicated) crashes, of which 404 were fatal and an additional 895 of which caused “serious” injury. In these crashes, if the driver was overserved by a bar, restaurant, or other liquor permit holder, that permit holder can be held responsible for the actions of the drunk driver. Expert witnesses are often utilized to evidence this fact after forensic evidence is gathered by experienced attorneys.

Attorneys Chris Patno and Colin Ray have decades of combined experience in handling Dram Shop drunk driving cases. In numerous cases, they have investigated the drunk driver and their actions at establishments prior to a crash and held the liquor permit holder responsible. If you or a loved one have been harmed by an intoxicated person or have questions about a Dram Shop case, you may reach out to request a consultation or call us at 216-696-1210 for a free, no-obligation consultation.

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According to the CDC, salmonella bacteria cause a disease known as salmonellosis. Common symptoms include diarrhea, fever, and stomach cramps. Symptoms can begin between six hours and six days after the bacteria is ingested. These symptoms can lead to other medical problems such as dehydration, which can lead to hospitalization in severe cases. In even more severe cases, infection can spread to blood, joints, or organs and lead to septic arthritis and other long-term consequences.

McCarthy Lebit attorney Colin R. Ray is currently investigating the Jif salmonella outbreak and has been retained by some of those who have been hospitalized with symptoms consistent with salmonella infection after unknowingly eating recalled Jif peanut butter. Compensation for those injured by tainted foods often includes payment for hospital bills, pain and suffering, and other expenses incurred as a result of illness. Colin typically investigates and handles such cases on a no-obligation basis with no legal fees unless there is a recovery. Those who may have been sickened by tainted peanut butter or other food products can contact Colin for a free, no-obligation evaluation of their legal options. Please reach out to request a consultation or call us at 216-696-1422.

Additional Reading:

“Outbreak Investigation of Salmonella: Peanut Butter (May 2022),” United States Food and Drug Administration

“Questions and Answers,” Salmonella Homepage, United States Centers for Disease Control and Prevention

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With new technology comes new data and new ways to learn from and improve safety in reliance on it. In late 2021, the Consumer Product Safety Commission (CPSC) released its findings on “micromobility” injuries, including injuries from e-scooters and similar devices. According to its findings, such electronic mobility devices led to over 190,000 emergency room visits between 2017 and 2020, the last year for which data was available. Perhaps unsurprisingly, it was reported that the injuries increased each year, from 34,000 emergency room visits in 2017 to 57,800 visits in 2020. The CPSC noted that the largest portion of the increase was specifically related to e-scooters, which gained a larger proportion of visits each year.

The CPSC stated that it is working with industry groups to improve safety. One important recommendation for e-scooter riders to was a caution to check scooters for damage prior to riding. It noted that damage to the handlebars, brakes, throttle, and other parts can often cause loss of control and lead to a crash.

Another study, published in the Journal of Safety Research in 2021 examined outcomes from 131 scooter and other crashes in Nashville. According to the study, e-scooter crashes do not have national or statewide standardization, unlike bicycle and car crashes. This study also confirmed that the largest proportion of bicycle and e-scooter riders are aged 19-30. Perhaps unsurprisingly, it found that two-thirds of all crashes occurred at intersections and the remaining third occurred at other places. The study’s findings also included that some 10% of bicycle and scooter crashes resulted in injury or fatality.

The takeaways to avoid e-scooter related injuries include:

• Make sure the scooter is properly functioning and not defective;
• Allow only one rider per scooter and wear a helmet;
• Be aware of how to safely operate the scooter and read directions;
• Be aware of potholes and uneven surfaces;
• Be aware of traffic and pedestrians around you;
• Do not carry objects while operating the scooter;
• Only operate the scooter at a safe speed;
• Do not operate a scooter while impaired.

Given the relative recent introduction of e-scooters, and the continuing rise in crashes and injuries, there is still much room for improvement in the safety of e-scooters, e-bicycles, and other “micromobility” products. Attorney Colin Ray has experience in handling bicycle and other crash cases for injured riders. People who have been injured while riding a bicycle or a scooter may contact Colin for a no-obligation evaluation of their potential case. Please reach out to request a consultation or call us at 216-696-1210.

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In response, in 2006 Ohio’s General Assembly passed the most recent version of R.C. 4301.69, which generally forbids anyone to knowingly allow persons under the age of 21 to possess beer, wine, or intoxicating liquor, subject to certain exceptions. This gave rise to the now-widespread “Parents Who Host Lose The Most” public safety campaign, which reminds parents that they can be convicted of a misdemeanor, fined up to $1,000, and jailed for up to six months if they do knowingly allow underage persons to drink at their home. It is therefore strongly advised that parents refrain from such illegal social hosting of parties for minors.

In Ohio, historically there was very little potential liability for “social hosts” as there is in other states. Additionally, “dram shop” law, or law requiring that liquor permit holders such as bars and restaurants do not overserve their patrons, generally does not apply to private citizens entertaining at their own homes or elsewhere. The 2006 Ohio law imposing criminal liability on adults who allow underage people to drink was a narrowly tailored exception aimed at curbing potentially dangerous alcohol abuse involving minors.

Changes to Ohio civil law may also increase risk of civil liability to parents or adults who knowingly allow underage persons to imbibe. Under a 2020 Supreme Court of Ohio decision, persons harmed by commission of a crime may bring a civil cause of action against the person convicted of the crime. Under the law, parents can be held civilly liable for harm stemming from their commission of the crime of allowing underage persons to drink. This could arguably extend to people being injured by underage drunk drivers leaving such a gathering or to physical injuries or sexual assaults suffered or committed by attendees. However, this responsibility only applies where the parents knew underage persons were drinking on their property.

Unfortunately, when injuries occur to minors as a result of drinking, they can be severe and even life-altering. Recent media stories have shown all too clearly that unsupervised teens are often the victims of sexual assaults, accidents, or acute alcohol intoxication resulting in serious injury or death. No parent ever wants to learn that their child has been harmed in such a way. Where a teen sustains life-changing injury such as paralysis as a result of being provided alcohol by an adult, a family may need help in adjusting their lives. In such cases, it may be beneficial to discuss legal options with a lawyer. McCarthy Lebit’s personal injury attorneys often handle cases where a person has suffered a life-changing injury and can assist a family with many of the aspects of planning for a different future and exploration of legal options.

If someone in your family has suffered an unexpected life-changing injury due to allowing a minor to possess alcohol, please reach out for a free, no-obligation consultation with attorney Colin Ray to discuss your legal options.

Please reach out to request a consultation, give us a call at 216-696-1422, or visit Colin’s bio for his contact information to reach out to him directly.

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Using 2018 and 2019 as a reference point, there were 297,826 reported crashes in 2018 and 296,579 crashes in 2019. In 2020, that number plunged to 245,838, a difference of nearly 52,000 fewer crashes from 2018 that amounts to a 17% decline in crashes. This certainly makes sense with what many would assume—fewer cars on the road in 2020 led to fewer crashes.

What may be interesting is when these crashes occurred. Ohio’s crash data is subdivided by many categories, including crashes in specific calendar months. In the month of April 2019, Ohio saw 22,268 crashes of any sort. That evaporated to just 11,483 crashes in April of 2020, when many Ohioans were subject to stay-at-home orders from the state or from local municipalities. 2020 generally saw fewer crashes in each calendar month when compared to 2019, as might be expected given that fewer drivers were on the roads.

The OSHP’s data can be further analyzed by county and otherwise. Cuyahoga County followed the statewide trends, falling from 34,060 crashes in 2019 to 28,686 in 2020. Crashes in Cuyahoga County were also down by about half in April 2020, from 2,632 to 1,342.

The trends were not all positive. One tragic aspect of the crash database is that fatal crashes actually increased in 2020 despite there being fewer overall crashes. In 2019 there were 1,041 fatal crashes within the state, but this number rose to 1,153 in 2020. And unfortunately, the number of alcohol-related crashes in the state also increased in 2020, from 13,047 in 2019 to 13,136 last year. On a monthly basis, these crashes, which are classified as “OVI-related” by the Highway Patrol, were sharply down statewide in April, but greatly increased over the 2020 summer months. Interestingly, during the first six months of 2020, statewide OVI-related crashes have generally been higher than they were even in 2020. While these crashes occur at all hours of the day, some 45% of OVI-related crashes occur between the hours of 8 p.m. and 3 a.m.

Speed is also a factor in nearly every crash. Speed-related crashes, as classified by the Highway Patrol, were nearly unchanged, with 30,354 in 2019 and 30,120 in 2020, with 15,168 through the first portion of 2021. And interestingly, school bus-related crashes were down from 1,330 in 2019 to just 577 in all of 2020, while deer-related crashes were down slightly, from 19,375 to 17,688.

The traffic safety changes from 2019 to 2020 will be interesting to track as much of the state returns to pre-pandemic activities. Many news reports have suggested that workers have left the workforce, perhaps permanently, which could lead to fewer cars on the road for lengthy commutes and, accordingly, to fewer crashes. On the other hand, other news reports have suggested that more people have taken up drinking to cope with pandemic-related isolation, which could sustain the trend of increased OVI-related crashes.

Catastrophic injury and death resulting from car crashes represent a substantial portion of McCarthy Lebit’s Personal Injury practice. Crashes involving excessive speed or drunken driving by the at-fault party often result in more severe injuries and those cases require careful attention. Sometimes these require testimony from accident reconstruction experts, engineering experts, and others, so having confidence in your legal counsel’s understanding of these concepts is critical.

Our team doesn’t provide a “one size fits all” form of representation—we believe each case and each client is unique and deserves the kind of careful attention and analysis that comes from years of experience. Since car crashes can happen to anyone, including and often, to safe drivers, we routinely represent family members of current or former clients who may simply need help navigating the difficult time in the aftermath of a crash when dealing with insurance companies. Regardless of who the client is or whether we’ve represented them in other areas of our firm, we strive to deliver the kind of extraordinary service that all our clients have come to expect.

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Through a diminished value claim a vehicle owner is able to recoup the damage to the value of the car itself when the collision damage and repair are noted on CarFax. The measure of damage for this claim is the market value of the vehicle right before the collision as compared to the market value after the vehicle has been repaired.

Experts in such valuation exist within the car industry and can provide written opinions concerning these two values and the devaluation your vehicle has experienced due to the collision. Unfortunately, most people are unaware of the reduced value caused to their car until they go to trade it in on a new car, or attempt to sell it on their own. Car purchasers and dealers are likely to obtain a CarFax report which tracks the service and repair history of your vehicle in a national computerized database by Vehicle Identification Number (VIN). Depending on the degree of damage sustained by your car in a prior collision (and even if the car has been properly repaired) the value of your vehicle may well have markedly dropped from thousands of dollars to tens of thousands of dollars. The noted prior damage may also result in dealerships not desiring to take your car in trade on terms agreeable to you, and could well result in a private purchaser walking away from a sale since they simply do not want to purchase a vehicle which has been in a collision.

The largest diminished value claims involve exotic cars, rare cars with extremely low miles, and cars with the most significant damage which are not deemed a total loss. Diminished value claims do not exist where the vehicle has been determined to be a total loss, or to leased vehicles where you are not the titled owner.

In order to present a claim for diminished value you will need to document:

• Purchase price of your vehicle
• Geographic location, mileage at time of the loss
• Whether the vehicle was towed from the scene or able to be driven away
• The final estimate for repair evidencing amount of damage
• Date of loss
• Prior or subsequent damage and repair
• Written opinion of a knowledgeable used car salesman or insurance appraiser as to the difference between the value of your vehicle undamaged as compared to damage sustained on date of loss

Under the law of Ohio, you generally have two years from the date of the collision under the Statute of Limitations by which you must resolve the claim or be forever barred (unless you file a lawsuit). In order to present a diminished value claim to the at-fault party’s insurance company, you need to advise them of your desire to do so. Also, ask them what, if any, evidence they uniquely require to process such a claim. All insurance company claim requirements are unique and you will want to make best efforts to comply with the requested information they seek from you.

Should the at-fault driver not have insurance, or have an inadequate amount of insurance compared to the damage claimed by you, you will need to look at your own auto insurance coverage in order to assess whether you have uninsured or underinsured property damage coverage that will apply. Unlike suit against the at-fault party being governed by Ohio’s tort statute of limitations of two years, an uninsured or underinsured contract claim against your own carrier will be governed by the time period you must file your claim in court set forth in the contract. Usually the contracts limit these claims to two years. If the contract is silent as to this issue, Ohio’s contractual statute of limitation will apply. Currently a written contract breach must be filed in Ohio within eight years of the breach.

The next time you, your family member, a friend or a co-worker sustains property damage to their vehicle in an accident where they were not the person at-fault, you may well wish to pass on to them this valuable information. In addition to property damage repair, an award from this additional claim can put you back in the position you were in, as it relates to the value of your vehicle.

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With a reported explosion in crossbow sales, and inadequate thumb and finger guarding, thumb and finger injuries by crossbow hunters are on the rise. Many videos on popular video-sharing sites show, frame by frame, the injuries that hunters are sustaining when using a crossbow with inadequate safety training and guarding. Many hunters who sustain thumb injuries while shooting a crossbow are not aware of their insurance claim options. In many cases, crossbow manufacturers have been well aware of these injuries and still failed to make crossbows safer on a later date.

Hunters who have sustained injuries to a thumb, finger, or another body part sometimes don’t know where to turn. But they often have legal options with respect to their injuries. Attorney Colin Ray, an avid hunter, has investigated crossbow injury accidents and his firm is experienced in pursuing these types of specific claims. Hunters or crossbow enthusiasts who have been injured may call for a free consultation on their injuries. Colin focuses his practice on providing clients with timely information they need to make informed decisions that are right for them and their families.

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With that many deer taken, and even more hunters in the woods hunting accidents are inevitable. Hunters are often self-sufficient and independent folks. But after an accident, they may find themselves overwhelmed either with high medical bills or changes in their work or life resulting from serious injuries. They may not know where to turn. In such situations, having a lawyer investigate a claim may be appropriate to recover insurance proceeds, even if no court action ever ends up being taken.

Hunting accidents can take many forms. A brief list of types of claims includes:

• Accidental shootings by other hunters
• Firearm, ammunition, or crossbow malfunction
• Hidden dangers on properties
• Assaults by other hunters
• Tree stand and blind malfunctions
• Hunting vehicle liability
• Hunting guide liability

Most hunts start out as a good time—no one goes to the outdoors expecting something bad to happen.

Attorney Colin R. Ray, a longtime Geauga County resident, has investigated hunting incidents and has discussed cases with hunters and experts in different aspects of responsibility relative to hunting. As a hunter and an experienced hunting accident attorney, he can relate to the incidents hunters have experienced and can help his clients work through what has happened, how their world has adversely changed, and help them get back on their feet. Such hunting claims are investigated and pursued on a no-obligation basis. Ultimately, the goal of any investigation of this sort is focused on helping the insured hunter get back to where they were before the incident.

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