Category Archives: Ohio
In Ohio, as in most states, public utilities have significant influence and power. One way in which the utility exercises that power is to try to move a case in litigation to a more utility-friendly venue, the Public Utilities Commission of Ohio (PUCO). Ohio Revised Code 4905.26 vests the PUCO with jurisdiction to hear and decide claims related to the provision of service by utilities.
Did you know that it is still possible to pursue subrogation recovery on a workers’ compensation lien for a lien that accrued outside of Ohio? You may pursue reimbursement of the workers’ comp lien up to two years from the date the lien was paid.
What happens when a worker injured in a third-party settles a personal injury claim with a liability insurer before receiving BWC benefits? Third-party liability insurers making payments for injuries and damages from an on-the-job accident must provide prompt notice of its subrogation interests to the Ohio BWC.
Some interesting highlights from the statute include county hospitals along with their commissioners and trustees, port authorities, fire and ambulance districts, waste management districts, and correctional facilities. Further, identical language is contained in ORC 3345.50(B)(2) which applies to state universities and colleges.
The defendant, who was known to do a lot of tinkering around the home and working on his own cars, was planning something and had removed the cap on the gas line of his home. Of particular significance, was the fact that the defendant had sent a message to a person he was communicating with on a local dating website, where he indicated he “smelled propane and had to go see what was going on” and that he “hoped he didn’t blow the place up”. Afterwards, the defendant’s home exploded. The explosion, and subsequent fire, killed the defendant and damaged the insured’s home. The insured’s home was damaged beyond repair and had to be torn down.
Comparative fault and contributory negligence are two seemingly simple terms that can cause severe headaches in our daily lives if we don’t understand these terms. Each concept is applicable to an event where two or more persons may be responsible for the damages. Comparative fault and contributory negligence only apply to negligence claims. Though these doctrines can be complex in practice, below are a few ideas to consider when pursuing your subrogation claim.
Keis George is proud to announce Warren S. George, managing litigation partner, Andrew C. Stebbins, associate, and Kevin F. Keeley, associate, have been recognized as 2018 Super Lawyers and Rising Stars. Pictured from left to right, Warren S. George, Andrew C. Stebbins, and Kevin F. Keeley. Super Lawyers acknowledges attorneys with a high degree of… Read More »
Ohio Revised Code 2307.73(B) provides that a claimant may present circumstantial evidence to establish that a manufacturer’s product was defective if the product was destroyed. When it comes to product liability claims against a manufacturer, one thing that can be detrimental to a claim is when the product is so badly damaged after a fire… Read More »
Product liability laws provide claimants with an avenue of recovery for injuries caused by a defective product. In general, there are two important statutes that an injured party must consider when determining if it may bring a product liability action: (i) the statute of limitations; and (ii) the statute of repose. In Ohio, the statute… Read More »
Liability for the actions of minors can always be a sticky issue. However, in certain scenarios, parents or guardians can be held liable for damage(s) caused by the actions of minors. The two most common scenarios where this issue comes up are auto accidents and vandalism claims. Regarding auto accidents, Ohio Revised Code 4507.07 imputes… Read More »