Dear Dale: An acquaintance of my wife recently was involved in a traffic accident after she blacked out while at the wheel. We wondered whether she could be held responsible for the injuries caused to the other drivers or the damage to their vehicles.
Answer: Your question raises an interesting legal issue. It speaks to whether it’s fair, on the one hand, to hold someone responsible for the consequences of events over which they had no control or, on the other hand, to say innocent accident victims are barred from recovering for their injuries.

In Ohio and most other states, a person who loses consciousness and causes an accident generally cannot be found to have acted negligently and therefore won’t have to compensate the injured person. Under what’s called the sudden-emergency defense, the driver who blacked out can only be found negligent if he or she had reason to anticipate the loss of consciousness.

It’s not enough, though, for someone who lost consciousness to simply declare she passed out so she shouldn’t be held liable. The person asserting the defense has the burden of proof to show the loss of consciousness caused the accident and that the blackout couldn’t have been anticipated.

An example might help to illustrate how this could play out. Let’s say that Betty was driving down Monroe Street one afternoon when she had a heart attack, lost consciousness, then crossed the centerline and crashed into Bob, causing serious personal injuries. If Betty can show she actually lost consciousness before the accident, the sudden-emergency defense will work in her favor and Bob will be out of luck.

If, though, Betty was driving down Monroe Street after a visit to her cardiologist and the doctor told her she had severe heart problems and shouldn’t be driving because she could pass out at any moment, she’d have a tough time using the defense. Her cardiologist’s warning would be reason for her to anticipate the loss of consciousness and she could be found negligent.

The rule is understandable and most courts across the country recognize the sudden-emergency defense. People who pass out from a medical emergency aren’t acting irresponsibly or driving dangerously, so they shouldn’t be held liable.

The problem with the rule is that it can produce an unfair result for the person who was injured. As a personal injury attorney, I naturally sympathize with the people like Bob in the example above. Even if the injuries are severe, no recovery is possible, which could be devastating to a family if the injured person was the breadwinner and is no longer able to work or will live in pain for the rest of his life.

Even accident victims who carry uninsured and underinsured motorist coverage are out of luck as a result of the sudden-emergency defense. This seems particularly troubling given that people buy this insurance to protect themselves when coverage isn’t available from the at-fault driver. But the only way that coverage kicks in is if the other driver could be deemed negligent, which doesn’t apply in the scenario we’re talking about. It would seem that the Ohio General Assembly could tweak the uninsured and underinsured motorist statute so coverage would be available in such circumstances. Bipartisan legislation to do just that has been introduced.

That is why we found it interesting that the American Association of Justice, or AAJ, recently released a report ranking Allstate as the number one worst insurer for consumers, highlighting some of the damaging strategies the company uses against people injured in accidents. 

The main goal of an insurance company is to settle a car accident or personal injury claim for little or no money, therefore increasing the company’s profit. Allstate instructs their employees to use what they call the “boxing glove” approach, an aggressive strategy designed to deny claims at any cost, according to the AAJ. This strategy, along with the “deny, delay, defend” strategy is what has caused Allstate to rank so poorly among competitors.

Our Toledo, Ohio car accident attorneys have seen time and time again innocent car accident victims who don’t have proper legal representation receive a fraction of the compensation they are entitled to. Having an attorney working on your side will ensure that you are fully compensated for your personal injuries. Our attorneys know the traps that insurance companies set, and we know how to avoid them. Learn about the importance of having an attorney on your team as well as the other rights you are entitled to by ordering our FREE Ohio Accident Book. Call 800.479.8203 or click here to order.

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A recent study conducted by the University of South Carolina found that people are four times more distracted while talking or preparing to talk than when they are listening.

Put this distraction behind the wheel of a car while a driver is talking on their cell phone, and it could easily cause a car accident. The National Highway Traffic and Safety Administration reported that 25% of all car accidents were caused by distractions, and that 73% of all drivers admitted to talking on their cell phones while driving. Add these statistics to the fact that cell phone sales are at 254 million, and it is not hard to see that there is a definite correlation between distracted driving and car accidents. 

Our Toledo, Ohio car accident attorneys have seen the devastating effects that personal injury from car accidents have on victims and their families. We handle hundreds of car accident cases a year, and urge you to order a FREE copy of The Ohio Accident Book to learn your rights after a car accident. Call our office at 800.637.8170 to order or to speak with an attorney, free of charge, about your case.

An Upper Sandusky man was also hospitalized after an ATV accident on the same day, the Toledo Blade reported.  

While some ATV accidents are due to negligent operation, often times ATV accidents occur when the all-terrain vehicle rolls over, especially when the driver is too young to be riding. Some ATV models, including the Yamaha Rhino, are prone to rolling over, due to their narrow wheelbase and high center of gravity. The Arctic Cat ATV was also recently recalled after the speed controller was found to be defective, causing the rider to lose control of the ATV. 

Our Toledo, Ohio ATV accident attorneys have handled numerous ATV accident cases, and we have seen the devastation that personal injury from ATV accidents can cause. ATV accidents can cause severe head injuries, broken bones, and in some cases the need for limb amputation. 

If you or someone you love has been injured in an ATV accident, we urge you to contact our ATV accident attorneys 24 hours a day, seven days a week at 419.241.1395 or 800.637.8170 to set up a free consultation today.

A flight attendant on a private jet is seeking $5 million in compensation after a dog belonging to Jennifer Lopez bit the attendant?s pant leg, causing her to fall and injure her back. J.Lo had the German shepherd on the plane as a guard dog.  

Dog bites can cause serious physical and emotional damage, especially if the dog bite injury victim is a child. In the United States, more than 60 percent of those suffering dog bite injuries are kids, according to Consumer Affairs. 

Our Toledo, Ohio dog bite attorneys have seen the devastating effects that dog bite injuries can have on a person, including open wounds, permanent scarring, the need for plastic surgery, and emotional distress. We have handled hundreds of dog bite injury cases, and know how to avoid insurance company traps. If you or someone you love has suffered a dog bite injury, we urge you to learn your rights by ordering our FREE Ohio Dog Bite Book by clicking here. You can also speak to an attorney free of charge, by calling our office at 419.241.1395 or 800.637.8170.

The recall targets beef that was sold at the stores from May 21 to June 8, and customers are instructed to discard any beef sold during that time, or return it to a Kroger store for a full refund.  

More than 73,000 people suffer personal injury from E. coli infections each year, while 61 of those infected suffer wrongful death, according to newsinferno.com. The E. coli virus is especially dangerous to children and the elderly, since their immune systems are not a strong.  Some strains, including the one found in Kroger beef, can lead to blood poisoning, cystitis, or swelling of the bladder, or septicemia, a potentially fatal infection.  

The driver of the truck, who was on Valium at the time of the accident, allegedly fell asleep at the wheel, causing him to rear-end a car carrying four women on their way to a wedding. Three of the women suffered wrongful death after the trucking accident.

US Secretary of Transportation Mary Peters states that roughly 700 lives could be saved each year if motorcycle riders wore their helmets. While helmet use is not required by law in all states, including Ohio, it is important to remember that helmets can help prevent significant personal injury or even death in the event of a motorcycle accident. A recent study published by the American Journal of Public Health found that after a helmet use appeal in Pennsylvania, motorcycle helmet use dropped 24 percent, while the head injury deaths in the state increased 66 percent and the head injury hospitalizations increased 78 percent. This appears to prove a direct correlation to helmet use and personal injury prevention in motorcycle accidents. 

But with more than 36,000 people suffering personal injuries after bicycle car accidents each year, according to the National Highway Traffic Safety Administration, it is important to remember the tips that can help you to avoid an accident.

Our Toledo, Ohio car accident attorneys remind riders to always wear a helmet when riding a bicycle. Bike helmet use can reduce the risk of head injury by 85 percent when worn correctly, according to the NHTSA, and should be worn snug and level. They should cover the upper part of the forehead and you should have room for no more than two fingers between the straps and your chin.

Avoid riding your bike at night. It is hard for drivers to see a cyclist after dark, and many drivers may not expect to see a bike rider past daylight hours. Always wear bright reflective clothing, and make sure to have reflective material that is visible for at least 300 feet on the backs of the bike pedals and seat. Use a headlight that is bright enough to be seen from at 500 feet. 

Cycling should be done on the right-hand edge of the road; always ride with traffic, not against it. If available, designated bike paths are always safer than using a street shared with motor vehicles. Use hand signals for turning and stopping, and obey all traffic controls, just as cars do.

Be sure to watch out for cars crossing the street, pulling out of driveways or parking lots, or turning near you. Make yourself visible to cars on the road.

Keeping your bike in good condition will also help prevent bicycle accidents. Having a clean and well-oiled chain on your bike will keep the bike riding smoothly, and prevent the bike from stopping suddenly. Keep tires properly inflated, and make sure that front and rear brakes are always in good working condition. It is also a good idea to put a horn or bell on your bicycle, so others can hear you if necessary.

As tempting as it may be, avoiding using portable music players, such as an iPod, while biking. Earphones can drown out the sound of traffic or horns, and take attention away from the road. Never wear baggy clothes that can become caught in wheels or pedals.

Following these tips can help to make a family bike ride a fun and relaxing trip, while providing a great way to exercise.  

DEAR DALE: Last summer I had a new roof put on my house. I asked several contractors for estimates. One of the contractors, to my surprise, decided to crawl out a third-floor window onto a very high, very narrow roof ledge to measure the roof in order to write his estimate. Looking back, I wonder what would have happened if he had fallen and was not covered by Workers' Compensation and other liability insurance. Also, what if an uninsured contractor fell from my roof onto my neighbor's driveway at the very spot where her toddler grandson was strapped in a car seat and they both suffered injuries or death?

Answer: Wow. With the hypothetical situations thrown into your question, this reminds me of a law school exam.

Let's tackle the first issue you've raised, which is whether you would be liable for any injuries the roofer who crawled out on to your roof might have sustained had he fallen. I don't think Workers' Compensation is a factor here from your point of view. First of all, the roofer wasn't an employee of yours. You hadn't hired him for any job - he was simply there to provide an estimate. But, let's say you had hired him and the fall happened while he was putting on a new roof for you. I still don't think you'd have any liability.

This guy likely would be deemed an independent contractor rather than an employee. In Ohio, a homeowner does not have a special responsibility toward an independent contractor if the work is inherently dangerous. A lot of cases talk about how to determine whether a job is inherently dangerous, but I think we can agree that roofing in a fairly dangerous occupation.

The equation changes if the homeowner actively participates in the contractor's work. Active participation has to be more than generally supervising a project. The homeowner would have to exercise a fair amount of control over the specifics of how a job is done as opposed to simply hiring someone to complete a project. If the homeowner or a general contractor actively participates in the work, they could be deemed an employer.

So, if I were the judge in this case, I'd find that the roofing job was inherently dangerous, which eliminates any special responsibility you would owe to the roofer. And unless you were up there telling the roofer what nails to use, how to place the shingles, and blowing the lunch whistle, I'd find that you hadn't actively participated in the work.

The equation would change if you sent the guy up to the roof knowing that there was little supporting the shingles in one area and that someone walking on that area would fall through. Failing to warn of that condition would be negligent unless the dangerous condition were so open and obvious that the roofer would be reasonably expected to discover it on his own.

OK, we've knocked off that part of the exam question. Let's look at the twist you've added where the roofer falls onto your poor unsuspecting neighbor - and her grandson, no less. I still don't see how any liability would attach to you in this circumstance.

Let's assume that the roofer knows the grandmother is out there with the toddler and he decides to dance a little jig on your steep roof for their entertainment before getting down to the business at hand, causing him to take his fateful tumble. I think it's safe to say that his conduct would be negligent, but I don't see that negligence attaching to you.

You certainly wouldn't have told him to dance the jig, it's outside of his course of employment, and you probably wouldn't have known about your neighbor and her grandchild waiting in the driveway to meet their untimely demise.

The only thing Granny and the kid - or their estates, since I killed them off when I expanded your hypothetical - might get would be some money from the medical payments coverage of your homeowner's policy. That coverage, which typically provides a relatively small amount of money, is available without regard to liability.

The heavy weight of trucks and the extended amount it takes them to stop contributes to the fact that of all fatal trucking accidents, 98 percent of the wrongful deaths occur in the car, not the semi, according to Road Safe America.  

One in four people surveyed admitted to being involved in a car accident in the past five years. Yet one tenth of one percent of all drivers attribute cell phone use as the reason they were involved in a car accident. While the percentage does not seem that significant, 0.1% of all drivers equates to an estimated 292,000 people causing car accidents due to cell phone use, according to the NHTSA. 

Our Toledo, Ohio car accident attorneys urge drivers to pull over while using their cell phones. If you must take a call, tell the person on the other line that you are driving and that you will call them back once you arrive at your destination. Purchase a hands-free device that allows you to keep your hands on the wheel and your eyes on the road. Practice safe driving habits, free of cell phone use, to prevent car accidents that often in result in serious personal injury.

Dear Dale: A family member recently decided to become a back-yard beekeeper and bought several beehives. His wife, who likes to give frequent back-yard parties during the summer, is concerned that if a guest or even a neighbor in his own yard gets badly stung, her family could be sued. The family has debated this and we all have differing opinions as to what the responsibility would be in this case. What kind of laws, if any, apply in a case like this? 

Answer: First of all, it?s not illegal under state law for someone to keep bees in a neighborhood setting. The beekeeper just has to register with the director of agriculture before the first of June of each year. I?ve got no clue whether any zoning regulations would prevent keeping the hive in certain areas, but I tend to doubt it. 

As to the issue of liability, a host does not have a duty to protect a social guest from all harm. The only thing the host has to do is exercise ordinary care so that his guest isn?t injured by an act or dangerous condition on the property. 

The host must warn the guest of any condition that the host should reasonably consider dangerous if the guest doesn?t know about the danger and could not discover it on his own. 

In this case, the first issue really is whether a beehive counts as a dangerous condition. That probably depends on the situation. If the hive were naturally occurring and the owner didn?t know about it, there would be no liability to a guest who was stung. 

Here, though, the hive is being purposely placed on the property. Depending on where in the yard it?s located, it?s reasonable to assume that a bunch of bees could create a dangerous condition if they were located near a place where guests tend to gather. 

While I realize that the bees probably won?t hurt anyone, it probably would be smart to post a sign near the hive to warn people it?s there. It also wouldn?t hurt to verbally warn guests about the beehive so they can make the decision about whether to stick around in the yard. If the goal here is to avoid liability, warning guests about the hive would provide pretty good protection. Whether or not it?s wise to have a hive located in close proximity to people, especially if there will be recreational activities going on nearby, is a call for your family member to make. 

One other issue you may want to consider is whether the bees would constitute a nuisance to neighbors. Again, it depends on the specifics of the situation. If the hive is located in such a way that the bees have to fly directly over your neighbors? picnic table or pool on the way to doing their bee thing, I could see a nuisance complaint. The test would be if the hive interfered with the neighbors? use and enjoyment of their land. 

In one case I found ? and there weren?t many, which leads me to believe this hasn?t been much of an issue for beekeepers over the years ? a beekeeper was found to have created a nuisance because the bees he kept near a neighbor?s property tended to hang around the neighbor?s pond so they could drink the water. A number of people, including kids, had been stung and the neighbor contended that his use of his property had been diminished. He won and the bees had to be moved. 

Hopefully, your family member?s bees won?t bother anyone and he?ll get a lot of enjoyment out of his new hobby. Maybe having some background on some of the basic legal issues will provide some peace of mind.

But what do you do if your child is a helpless baby who doesn?t know not to pull a dog?s tail? Many parents face this problem when they are expecting a child into a household that already has a ?first child? ? the family dog.  

Even though a couple may have not had experience with a dog bite before, some parents worry that the lifestyle change could change a dog?s attitude, making him more likely to bite. Which in turn begs the question on whether or not to keep the beloved pet or find a new, caring home for it.  

A recent article in The Wall Street Journal outlined ways that new parents can keep their babies safe while still keeping Fido. Four weeks before the baby is due, start pushing around a doll in a stroller, or walking the dog at the same time as walking the stroller. Treat the doll as you would a child, to teach the dog that a baby is not a toy meant to bite. Spraying the dog?s toys with almond oil will also help the dog differentiate his own toys from the baby?s.  

The Journal also reports that pulling on the dog?s ears and tail will also prepare him for little hands that do not know better. Ignore the dog and tell him ?No!? more often to things that he will no longer be able to do after the baby arrives. Introduce the dog to a cage or crate that can help during times that a new mom needs time alone with the baby, without the interruption of a dog.  

Our Toledo, Ohio dog bite attorneys understand that out of the 4.7 million people that suffer dog bites each year, according to the American Veterinary Medical Association, majority of them are children. Do everything you can to protect your kids against dog bites, especially helpless babies, which means teaching your kids and your dog.

Car accidents involving 15- to 17-year-olds in the United States cost an estimated $34 billion in 2006 alone, according to a recent report by AAA. 

But the astronomical cost of a teen accident and the resulting rise in the parents? insurance premium is worthless compared to the priceless lives that teen car accidents can take.

According the Centers for Disease Control, car accidents are the leading cause of death among U.S. teens, and the risk for car accidents is higher for 16- to 19-year-olds than any other age group. In 2006 alone, drivers between the ages of 15 and 17 were responsible for car accidents that caused personal injury to 406,427 people and 2,541 wrongful deaths.

Our Toledo, Ohio personal injury attorneys see the devastating effects that teen car accidents can have on a family, and urge all drivers, regardless of age, to be careful while on the roads. If you have a teen driver, draw up a contract with them, outlining clear-cut rules such as no speeding, no loud music, and a limited number of passengers. Discuss choices and consequences before your teen gets behind the wheel of a car, in order to potentially save their life and the lives of others.

But full coverage may not mean full coverage, as some Ohioans are finding out the hard way. 

According to MSNBC, some families are encountering a gap in their auto coverage called the ?intrafamily exclusion.? This loophole allows insurance companies to deny coverage for passengers in the car suffering personal injury, if the driver of the vehicle caused the car accident. Without this exclusion, underinsured or uninsured motorist coverage would normally pay the medical bills associated with the car accident. 

A family from Allen County, Ohio discovered this gap in coverage after the father caused a car accident, causing one of his children to lose her life and the other two children to suffer personal injury. Under the intrafamily exclusion, the insurance company only paid the $5000 medical payments coverage ? not nearly enough to cover the cost of the medical bills, let alone the cost of a young life lost. 

Our Toledo, Ohio car accident attorneys urge drivers to go over their policies with their insurance agent, to ensure that the coverage you buy is the coverage you get. Reading the fine print could save you down the road. Protect yourself and your family by purchasing underinsured and uninsured motorist coverage, to ensure maximum recovery in the event of a car accident.

Dear Dale: When I went to the restroom of a local chain restaurant the other day, I slipped and fell when my walker slid away from me. When I was on the ground, the floor around me was very wet, like it had just been mopped. There was no sign in the restroom to warn me about the wet floor. The fall caused me to break my hip and now I'm in the hospital. Is the restaurant responsible for my injuries?  

ANSWER: Falls provide fodder for a lot of lawyer jokes, but we've seen a number of these cases in our office where the person was seriously injured.  

Whether or not you can hold the restaurant liable for your injuries depends on a lot of variables. Let's go through some of the basics. Businesses generally are liable for the safety of their patrons if the employees knew of the dangerous condition. The employees' knowledge of the danger creates the liability.  

In Ohio, courts initially look at three things:  

?Whether an employee was responsible for the hazard, or:  

?If an employee knew about the hazard, did he or she fail to warn patrons of its presence or remove the hazard, or:  

?The hazard existed for so long that the lack of a warning or removal of the hazard showed that employees didn't exercise appropriate care.  

If any of those factors are present, a business could be found liable, assuming the hazard caused injuries claimed by the patron. Showing those elements isn't always easy, though. If the business denies that it was responsible for the fall, a lawsuit would have to be filed. Depositions would have to be conducted to determine whether any of those elements existed, and even then the business could dispute liability.

Another major hurdle exists in these types of cases. If the hazard is deemed by the court to be open and obvious, the case could get tossed before it ever gets to trial. For example, if an employee left a mop on the floor and a patron tripped over the mop, most people would assume the business would be liable, right? Under the open and obvious doctrine, though, a judge probably would determine that a normal person should have been able to see the mop and should have avoided it.  

The open and obvious doctrine is a very powerful defense in all slip and fall cases. In one case I reviewed, the injured person claimed she slipped on a patch of ice created by someone spilling a soda in the parking lot. The judge tossed her claim because the frozen soda was a different color than the parking lot, so the hazard was open and obvious. I'm not saying that was a good case - in fact it's the type of injury case people rightly ridicule - but if frozen soda on pavement is open and obvious, almost anything can be.

So, applying those general principles to your situation, you'd have to determine such things as whether an employee mopped the floor and failed to put up a warning sign; or, even if an employee didn't create the hazard, the employee knew about it and failed to correct it; or if the floor had been wet for such an extended period of time without the hazard being corrected it can be inferred the business didn't exercise the appropriate level of care.  

After that, you'd have to be able to get past the open and obvious doctrine. Water on the floor from mopping likely wouldn't be an open and obvious hazard, but if there was so much water on the floor that any reasonable person would have seen it and taken steps to avoid it, that's a different story.

On another note, in these types of cases, it's helpful to document everything the best you can. Get the names, phone numbers, and addresses of all witnesses, including employees if possible. Also, because most people have cameras in their cell phones, take photos if the hazard is visible. The evidence you gather may be crucial to your case. 

Hope this helped and I wish you well on your recovery.

Tips from the Human Society on how to prevent a dog bite include standing still instead of running away from an approaching dog and refraining from waving arms or yelling at the animal.

If a dog is starting to attack you, the American Kennel Club instructs the victim to curl up on the ground in the fetal position, using the hands to cover the face and major arteries in the neck, and not to make eye contact with the dog.

The AKC also recommends leaving alone dogs that are sleeping, eating, or caring for their puppies in order to prevent personal injury from dog bites. Encourage children to ask permission before petting any dog, and never leave a child unattended with animals.

One way to prevent these personal injuries is to have your child wear a helmet at all times when participating in any wheeled activity such as riding an ATV or bicycle. Safe Kids USA reports that helmets can reduce the risk of brain injury by as much as 88 percent, when worn properly. 

When fitting a helmet for your child, make sure it fits snuggly and close to the head. The chinstrap should be tight to the chin without causing pain, in order to prevent the helmet from sliding back behind the head. The helmet should stay in place regardless of body movement. Never buy a helmet that is too large, with the thought that a child can grow into it. Buy a snug-fitting helmet and replace it as your child grows. If there are gaps between the child?s head and the helmet, the helmet cannot protect properly. Also make sure that the helmet does not obstruct vision, especially peripheral vision.  

Our Toledo, Ohio, personal injury attorneys urge parents to wear their helmets and to teach their children how to protect themselves. Not only should children wear a helmet to prevent personal injury, they should always use sidewalks and never ride in the road. Stay visible to drivers backing out of driveways, and never weave in and out of traffic on an ATV or bicycle. If parents allow their children to ride on an ATV, they should be supervised at all times to avoid personal injury from an ATV accident. Children are more likely to rollover or lose control of large, heavy ATVs, due to their small size and weight.

Dear Dale: I recently rented a home I own to someone who I quickly learned had money problems. When he got behind in his rent, I tried to work with him because he promised to pay. Then I found out I could not evict him without filing the proper documents with the court, even though he was a few months behind in payments. Landlords are always portrayed as the bad guys, but was there something else I could have done?  

ANSWER: It sounds like you got burned for trying to be a decent guy. What you experienced, though, goes with the territory of being a landlord. Sometimes tenants don't pay their rent - or at least don't pay it on time. Sometimes they trash the property. Sometimes they refuse to leave the property after the lease expires. These are all hassles, but you're running a business when you're a landlord. Every business has its downside, and chasing monthly payments is one of the negative aspects of being a landlord.

As far as what you could have done differently, perhaps you could have started the eviction process right away rather than waiting months in hopes your tenant would come up with the money.  

To evict a tenant, a landlord has to give the tenant proper notice at least three days prior to filing a complaint. Under Ohio law, the landlord must notify the tenant that he is being asked to leave either by certified mail, hand delivery, or leaving the notice at the tenant's premises. The notice must contain specific language dictated by law, the gist of which is that the tenant is being asked to leave and if he doesn't, an eviction may be initiated.

If that notice fails to get the tenant out of the rental property, the landlord can then start eviction proceedings. The landlord files a complaint with the clerk's office at the proper court to start the process. The length of time for an eviction varies from court to court. In Toledo Municipal Court, for example, the Housing Court's Web site states that hearings are usually scheduled three weeks after the complaint is filed. If the court rules in favor of the landlord after the hearing, the actual eviction typically takes place within seven to 10 days, according to the Housing Court site. 

So, the advantage of launching eviction proceedings promptly is that the landlord gets the ball rolling on the legal process. Though it's not immediate, the process does eventually get the tenant out of the property. It also ensures that a tenant's rights will be protected from landlords who try to evict without a sufficient basis.  

The disadvantage is that the landlord has to pay the related filing fees to go through with an eviction and has to go through the headache of finding another tenant. My advice for a new landlord or someone who is thinking of getting into the business would be to find an attorney who specializes in landlord-tenant law. The attorney will not only be able to put you on firm footing from a legal perspective, but likely will be a great resource on a variety of subjects that would impact your business. 

One other thing to consider would be developing a better screening process for prospective tenants. The Internet has numerous sites that offer services ranging from tenant background checks to credit reports. Again, an attorney experienced in this field would be able to provide guidance on a variety of issues dealing with the business aspect of being a landlord.

Both people who testified lost family members to complications caused by the drug, which were administered in local Toledo health care facilities.  

From January 2007 until February 2008, at least 81 wrongful deaths have been linked to heparin, as well as 785 personal injuries from allergic reactions. The Toledo Blade reports that 62 of the 81 heparin deaths occurred between November 2007 and February 2008.  

According to the New York Times, controversy surrounds heparin that the drug was intentionally contaminated, as found in the written testimony Janet Woodcock, director of the FDA's drug center. That is why stricter laws requiring more inspections of overseas companies may help the problem of unsafe drugs. 

A West Toledo woman suffered personal injury from dog bites when she was attacked by two pit bulls in her own home yesterday. According to Lucas County Dog Warden Tom Skeldon, the woman suffered bites to her legs.

All-terrain vehicles are too dangerous for most children to handle, according to the Alberta Centre for Injury Control and Research in Canada.

The popular Yamaha Rhino has caused a number of ATV accidents, resulting in serious personal injury and wrongful death, according to the Jere Beasley Report. The Rhino?s tall, top-heavy design and narrow wheelbase could make the ATV tip over, even at a low speed or when making a normal turn. Severe personal injuries can occur when occupants put their arms or legs outside of the ATV in an effort to stop it from tipping. 

The heavy vehicle can crush the limbs, which may result in the need for surgeries, skin grafts, or amputations. In some cases, accidents have led to ATV fatalities. 

As summer approaches and families spend more time outside using outdoor recreational vehicles, our Toledo, Ohio, personal injury attorneys urge parents to take extra caution if you choose to let your child ride on an ATV. Always make sure that they are wearing a helmet and seatbelt, and are supervised by a responsible adult at all times. Prevent personal injury and ATV accidents by encouraging safe driving. Avoid quick turns, high speeds, or irresponsible maneuvers.

The Portage Health Department also reports that the norovirus causes severe diarrhea, nausea, cramping, and other personal injuries. The food poisoning norovirus can be contracted by eating foods or drinking liquids that are already tainted with the virus, having direct contact with other contaminated people, or by touching contaminated surfaces. 

Our Toledo, Ohio personal injury attorneys urge everyone to thoroughly wash fresh food before eating, make sure that meats and seafood are cooked all the way through, and frequently wash hands to prevent personal injury from food poisoning.  

As in any personal injury claim or incident involving food poisoning, be careful what you sign.  You may inadvertently sign a release and sign away your rights or rights to a future claim. It is important to contact an attorney in the event of any personal injury claim, to discuss your legal rights.

According to the Toledo Blade, the city of Sylvania recently declined to vote on two pieces of legislation that would put additional restrictions on ?vicious? breeds, which include pit bulls. The restrictions would call for the use of muzzles and leashes on pit bulls and similar breeds anytime the dogs are outside of the home. Other rules under the proposed legislation require that vicious breed puppies be spayed or neutered after 6 months of age, and would forbid anyone convicted of a felony from owning a vicious breed dog. 

Regardless of the vicious dog rules in your city or town, our Toledo, Ohio dog bite attorneys urge everyone to be careful around all dogs. Never attempt to pet a dog that is eating or sleeping, and make sure the dog sees before you approach. Also be sure never to tease or taunt a dog, or any animal, in order to prevent personal injury from a dog bite.

3. Don?t underestimate the insurance adjusters who contact you.

Insurance adjusters handle claims for a living. They?re judged by their bosses by how they settle claims and how much money they save for the company. This doesn?t make them bad people; they?re just doing their jobs and looking out for the best interests of their employers. It?s up to you and your lawyer to look out for your interests.

It?s no shock that insurance companies often own the tallest skyscrapers in a city. They have powerful lobbies throughout the country and, along with other business interests, have done their best to get legislation passed that makes it hard for accident victims to be fairly compensated. They?ve gotten rich by collecting as much money as possible from all of us while trying to avoid making fair settlements with people suffering from accidents they didn?t cause.

So, when an adjuster representing the person who caused the accident gives you a call, keep in mind where their loyalties lie. They?ll likely be extremely pleasant, but they have one goal: to settle your claim as cheaply as possible. They do this for a living, all day and every day. Because this is probably the first time you?ve been an accident victim, you are at an obvious disadvantage. Be smart when you?re dealing with them ? or better yet, hire a lawyer who deals with insurance companies on a daily basis. After all, the insurance companies have professionals working for them, so you should too.

Dear Dale: Over the winter, I rented a condominium for my family in Key Largo, Fla., through an agent based in Pennsylvania. The agent informed me that I'd have to put up a $300 refundable deposit, which I did. The condominium was fine and we had a good trip. However, when I contacted the agent to get my deposit back, he said he would mail it to me, but he never did. I've left messages on his phone and sent e-mails, but he's ignoring me now. What are my options?

ANSWER: You have a few options, but they depend on how much time and money you want to put into collecting $300. Maybe this guy scams people out of deposits all the time, figuring most people won't bother pursuing him for a relatively small amount of money.

If you want to pursue it, you could file an action in small-claims court. The question is: Where would you file your action? It would make the most sense to file it in Pennsylvania, where the guy lives, but it obviously would be a lot more convenient if you could file it in Toledo.

However, a problem could be that if you filed locally, the defendant might challenge venue and you'd be stuck trying to convince a judge that venue was proper because the activity giving rise to the claim happened here through the phone contact, or some similar argument. I wouldn't feel great about my chances of prevailing on that issue, but you never know.

Nonetheless, you could file the claim here to see if that shakes the money out of the man. Just filing suit sometimes does the trick. The safer approach would be to file it where he lives or does business.

But even if you win your claim, your problems may not be over. You still have to collect on your judgment. Assuming the agent actually appears to defend himself, it's unlikely that he'll pry open his wallet and hand you the money on the spot. So, if he continued with his deadbeat ways even after a successful judgment, you may be stuck trying to garnish his wages or using some other method like a lien to collect your money.

As you can see, you could be looking at exerting a fair amount of energy and time trying to collect your money by seeking a civil remedy.

That said, you might try another avenue that could be more effective. Why don't you call the local police department or prosecutor - or both - where he does business and explain your problem? Some people simply have no shame when it comes to ripping off people, and they aren't particularly concerned about some small civil action. But a criminal charge tends to get a person's attention, even if it's just a misdemeanor.

I've represented people in criminal cases who have taken money up-front to perform work that never actually got done. After the people became frustrated enough with my clients' lack of response, they finally went to the police and the police filed theft charges. My clients were all too happy to cough up the money to make the charges disappear, or at least get them reduced. It all depends on whether you get a sympathetic officer or prosecutor on the other end of the phone, but it's worth a shot.

Finally, you might want to see if you can get a lawyer to write a letter to the agent or make a phone call on your behalf. Sometimes that's what it takes for the person on the other end to realize that you're not going to let the situation drop.

All in all, it's a lot of hassle to go through for $300. Still, it's your money and you're entitled to it. If you're up for the fight and it's worth it to you, don't let the guy off the hook - he's the one being unreasonable here and I don't blame you for being upset. Wouldn't it be nice if people just did the right thing?

The scandal swirling around embattled Detroit Mayor Kwame Kilpatrick and the web of lies he appears to have spun has prompted a lot of curiosity about the perjury charges he faces.

In case you missed it, Mayor Kilpatrick and Christine Beatty, his former chief of staff, have been slapped with felony charges of perjury stemming from testimony they gave in a civil trial in August. The gist of the charges is that they lied under oath in the case brought by former Detroit police officers about whether Kilpatrick and Beatty previously had a romantic relationship and whether they had fired Detroit Deputy Police Chief Gary Brown in 2003.

Anyone who has read the coverage in the Detroit Free Press knows there?s no doubt that they both lied under oath. The paper broke the story by uncovering text messages the mayor and Ms. Beatty sent each other that make it clear that not only were they sexually involved, but that they had discussed and decided to fire Mr. Brown.

In the court of public opinion, these two are cooked. Whether that translates into convictions in a courtroom remains to be seen. I?ve had friends ask how the mayor and Ms. Beatty can possibly avoid conviction, given what the Free Press has exposed. My only response is that it sure looks bad, but you never know whether material that suffices as good, solid proof for newspaper stories will be admissible and persuasive in court.

In Ohio, one commits perjury by knowingly making a false statement that is material ? meaning that it could affect the outcome of the proceeding. In Michigan, one commits perjury by willfully testifying falsely to ?any matter or thing.? So, in Michigan, the false statement doesn?t need to be material to the case.

Prosecutors will have to prove that Mayor Kilpatrick and Ms. Beatty willfully made false statements at the August trial. At this point, it looks like the best evidence is the text messages that show they were lying. The statements at trial would have to be false, not just misleading.

In order to prove that, prosecutors would have to show that the two actually sent the text messages that the Free Press uprooted. If the case ever goes to trial, I?m guessing that the prosecutors will have more to work with than just the text messages the two sent. I would think by using powers unavailable to the journalists who have worked this story they?ll come up with witnesses that will provide damning evidence.

I don?t have enough room here to recap the disparity between the testimony the mayor and Ms. Beatty gave and the text messages he sent, but here?s a small sampling pulled from the Free Press coverage. When Mayor Kilpatrick and Ms. Beatty were asked if they had a romantic relationship during 2001-2003, both said no.

According to the paper, Ms. Beatty rolled her eyes at the question while Mayor Kilpatrick went on to give a windy response about how ?demoralizing? such questions were to both of them, and how disparaging such suggestions were to Ms. Beatty as a woman.

Contrast that testimony with a text message the mayor sent Ms. Beatty on Oct. 16, 2002, which read: ?I?ve been dreaming all day about having you all to myself for 3 days. Relaxing, laughing, talking, sleeping, and making love.?

On Oct. 3, 2002, Mayor Kilpatrick wrote that he was ?madly in love? with Ms. Beatty, to which she responded that she was ?madly in love? with him, too. A number of other text messages, some of them too explicit for the Free Press to print, were exchanged by the two.

They also both testified that they hadn?t fired Mr. Brown. Ms. Beatty, though, wrote a text message on May 15, 2003, to the mayor that essentially apologized for the mess created by the ?decision that we made to fire Gary Brown.? Mayor Kilpatrick responded that ?? It had to happen though. I?m all the way with that.?

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