What to Do When You’ve Been Injured.

You have just been injured in an automobile accident, on a friend’s property, at a restaurant, or in your neighborhood by a dog or other pet. What’s next? Call the police? Exchange insurance information? Go to the hospital? The options can be overwhelming especially while being in pain.

Almost all of Lardiere McNair DiNicola & Stonebrook, Ltd.’s personal injury clients have no experience in bringing a personal injury claim and never thought they would need to during their lives. We are here to walk through the foreign process of a personal injury claim for those who don’t know even the first step to being compensated for their injuries and pain.

1. Emergency Medical Treatment

First and foremost, if you believe your injuries may require emergency medical care, go to your nearest emergency department for care before doing anything else. Any subsequent medical care we leave to the expertise of medical providers to advise on. As your personal injury attorney, our only advice regarding medical treatment will be to receive the care that your medical care team advises you to receive.

2. Insurance

Next, receiving the contact information of any other party that may be responsible for your injuries will be crucial. At an automobile accident scene, get the other driver’s insurance information. At a neighborhood cookout or after a dog bite in the neighborhood, request the homeowner’s insurance of the host or dog owner. At a restaurant or store, ask the manager of the business for its liability insurance information. Our attorneys at Lardiere McNair DiNicola & Stonebrook, Ltd., LPA are willing and able to do the “heavy lifting” to collect this information if it is not obtained by you prior to calling our office.

3. Strengthening Your Claim

Finally, any evidence you have collected to support your personal injury claim will be helpful in our representation of you. Things like photographs of your injuries, the scene where the injury took place, expenses you have incurred as a result of the injury, and any police report that you are aware of being made. As always, as your personal injury counsel, we will work hard to collect all evidence available to prove the liability of the at-fault party and your financial, physical, and emotional damages.

In our representation of you in a personal injury claim, with your permission and authorization, we will take care of all communication and negotiation with the insurance company from beginning to end so that you can focus on treating your injuries and returning to “normal life”. We want our clients to be as involved or removed from the claim process as they would like to be depending on their interests and stress levels. We know that our personal injury clients do not ask for these injuries to happen to them, so here at LMDS we strive to take as much stress off our clients as possible while still getting them justly compensated for their pain, suffering, and financial losses.

If you or a loved one believe to have a potential personal injury claim where they have not been fairly compensated or don’t know where to begin, reach out to Lardiere McNair DiNicola & Stonebrook, Ltd., LPA for a free consultation at (614) 534-1355. Time is often of the essence in personal injury claims, so please act promptly if you wish to pursue a personal injury claim.

Taylor Agler is an Associate Attorney at Lardiere McNair DiNicola & Stonebrook, Ltd., LPA. To read more about our firm, please visit lawyerscolumbusohio.com.

The information presented here has been prepared by Lardiere McNair for promotional and informational purposes only and should not be considered legal advice. This information is not intended to provide, and receipt of it does not constitute, legal advice. Nor does the receipt of this material create an attorney/client relationship. An attorney client relationship is not established until such time as Lardiere McNair enters in to a written engagement agreement with a specific client for a specific legal matter.

Lardiere McNair DiNicola & Stonebrook, LLC Sponsoring RMHC of Central Ohio

Can Impracticable Contracts be Forced Upon You?

Conducting business in the wake of COVID-19

Given the affects the COVID-19 virus is having on businesses across the globe, businesses are looking for ways to get some economic relief and some certainty. Many times, we can help with negotiating agreements that will give our clients some room to breathe. Part of that process involves looking at the applicability of and asserting certain legal doctrines that apply to contracts. To start we look to see if a contract has force majeure provisions. We help determine if the UCC defense of impracticability can apply. Keep in mind, other doctrines and defenses may be available due to the unexpected events caused by COVID-19.

A force majeure provision in a contract addresses the effect of unforeseeable events that might excuse non-performance by one or more parties to a contract. Recently in Haverhill Glen, LLC v. Eric Petroleum Corp., 2016-Ohio-8030, 67 N.E.3d 845, (App. 7 Dist. 2016) the Court wrote:

“Generally, force majeure is a term from the French law and literally means a superior force. It is commonly defined as an event or effect that can be neither anticipated nor controlled. Black's Law Dictionary 673-674 (8th Ed.2004)." To use a force majeure clause as an excuse for nonperformance, the nonperforming party bears the burden of proving that the event was beyond the party's control and without its fault or negligence." Stand v. Energy Corp. v. Cinergy Servs., 144 Ohio App.3d 410, 416, 760 N.E.2d 453 (1st Dist.2001). This is a relatively new concept in Ohio law.

Force majeure has been characterized by courts as a defense that has some overlap with the common law defenses of impossibility or impracticability. See Great Lakes Gas Transmission Ltd. v. Essar Steel Minn., LLC, 871 F.Supp.2d 843, 856 (D. Minn. 2012). However, ultimately courts must look to the language of the contract's force majeure provision to determine its applicability.”

Many consumer contracts are covered by the Ohio Uniform Commercial Code (the “UCC”). An important part of the UCC addresses what the parties to a contract ‘s obligations are in the event the performance of the contract becomes “impracticable”. In other words, impracticability can become a defense to the party that cannot perform on the contract.

The Ohio UCC defines the impracticability defense at ORC 1302.73.

Whether a party invokes the protections of a force majeure clause or asserts the impracticability defense (or both in certain situations) that party will bear the burden of proof. Different notice periods apply, and different criteria must be established. At Lardiere McNair we can help you navigate these issues. If you have questions about a contract or other business concerns, we provide free 45-minute initial consultations.

Chad Stonebrook is a partner at Lardiere McNair, LLC. To read more about our firm, please visit lawyerscolumbusohio.com.

Lardiere McNair is aware of the Ohio Department of Health’s Stay at Home Order. LM has been deemed an essential business and will continue to operate. We are available for meetings via phone or video, as well as email. In these uncertain times, please give us a call to protect you, your family, or your business.

A Brief History of Grounds for Divorce

I was recently listening to a favorite podcast of mine (Criminal with Phoebe Judge – listen if you haven’t) and she did an episode titled “The Divorce Colony.” As a divorce lawyer, I was instantly intrigued. Back in the late 1800’s, most states did not have any grounds to allow for people to get a divorce. For example, adultery was the only ground in New York. People needing a divorce did not have a lot of options. However, Sioux Falls, SD became the place to be for those people needing a divorce in their state that did not allow for it, hence the “divorce colony” moniker. People (mainly wealthy people) could travel to Sioux Falls, live there for three months to establish residency, and then could file and be granted what we know now as a “no-fault divorce.”

As late as 1969, California was the first state to allow for a no-fault divorce. In 2010 (just 12 years ago!) New York became the last state to allow for a no-fault divorce.

Ohio’s version of a no-fault divorce is incompatibility. Ohio has 9 other grounds on which it may grant a divorce:

Either party had a husband or wife living at the time of the marriage from which the divorce is sought;
Willful absence of the adverse party for one year;
Adultery;
Extreme cruelty;
Fraudulent contract;
Any gross neglect of duty;
Habitual drunkenness;
Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint; and
On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation.

If you want to know more about the fascinating history and the divorce colony, check out this book - The Divorce Colony: How Women Revolutionized Marriage and Found Freedom on the American Frontier, by April White.

Sunni DiNicola is an Partner at Lardiere McNair DiNicola & Stonebrook, Ltd., LPA. To read more about our firm, please visit lawyerscolumbusohio.com.

Distracted Truck Drivers Pose Grave Danger

Are educational apps protecting your student’s sensitive information?

The Federal Trade Commission (FTC) has recently reached a settlement with Chegg Inc., an education technology company that offers online educational services and products, and whose target audience is primarily high school and college students. An example of Chegg’s products is the popular “homework help app”.

Over the years, Chegg has collected information about users’ religious affiliations, heritage, date of birth, sexual orientation, disabilities, and parents’ income. Regrettably, Chegg exposed students’ and workers' information four different times in recent years. In or around 2018, Chegg’s poor security practices led to the misappropriation of personal information of approximately 40 million users. Among the violations alleged by the FTC are:

Failing to implement basic security measures;
Storing information insecurely;
Failing to Develop Adequate Security Policies and Training.

The lessons companies can take away from Chegg’s mistakes, according to the FTC, are:

Exercise special care when storing sensitive information. Once your company has sensitive information in itspossession, you’ve upped the ante on your obligation to keep it secure;
Limit access to sensitive information. Limit access to employees and contractors for whom that data is an essential component of their job;
Respond to data incidents immediately and definitively;
Conduct regular in-house security training.

At Lardiere McNair DiNicola & Stonebrook Ltd., LPA, we believe cybersecurity can have a considerable impact on any business, as cyber criminals target companies of all sizes. We stand ready to help your business understand your responsibilities to consumers, as well as to assist you in the wake of a data breach. Please call (614) 534-1355, to schedule a free consultation.

For more information go to: https://www.ftc.gov/business-guidance/small-businesses/cybersecurity

Aline Wright is a Legal Assistant at Lardiere McNair DiNicola & Stonebrook, Ltd,. LPA. To read more about our firm, please visit lawyerscolumbusohio.com.

Surveillance Cameras Allowed in Nursing Homes - Esther’s Law

On March 23, 2022, a new legislation called “Esther's Law” was enacted in Ohio. It requires that long-term care facilities allow residents, their guardian, or their attorney to install a monitoring device (audio or video) in a patient’s room. O.R.C. § 3721.60. At Lardiere McNair DiNicola & Stonebrook Ltd., LPA, our attorneys have experience in handling nursing home injury cases.

Esther’s Law only applies to long-term care facilities, such as nursing homes and skilled nursing facilities. Assisted Living facilities are excluded because they do not fall under Ohio Law’s definition of long-term care facilities.

This new legislation originated from Esther Piskor’s case. Esther was abused and neglected in an Ohio nursing home for the last three years of her life. Esther’s son, Steve Piskor, decided to put a hidden camera in Esther’s room after suspecting abuse. After six weeks, Steve caught eight nursing aids physically abusing his mother. He then spent years working with Ohio Legislators to create this law and help Ohio families monitor their loved ones in Nursing Home Facilities.

Among other provisions, Esther’s Law requires:

Residents or guardians be responsible for paying for their own monitoring devices under the law;
Facilities to provide the electricity to operate the cameras;
Facilities to post a notice in a visible location at the entrance to the room, giving notice of the surveillance;
Consent to be given by any other resident in the room;
No discrimination against residents who choose to have a camera installed in their room.

Ohio Law grants numerous rights to nursing home residents, including, but not limited to, the right to be free from all types of abuse and to be treated with respect and dignity. If you have a loved one residing in a nursing home, skilled nursing facility, or assisted living facility, and you have questions about compliance or believe they have been a victim of neglect, suffered personal injury, or even wrongful death, give Lardiere McNair DiNicola & Stonebrook Ltd., LPA a call to schedule a free consultation, (614) 534-1355.

Aline Wright is a Legal Assistant at Lardiere McNair DiNicola & Stonebrook, Ltd., LPA. To read more about our firm, please visit lawyerscolumbusohio.com.

Protecting Your Business- Part 1. Non-Compete Clauses

On January 5, 2023, the Federal Trade Commission (“FTC”) released a Notice of Proposed Rulemaking aimed at preventing employers from imposing non-compete clauses. If you are an employer or employee and have questions about non-compete contract provisions, our lawyers at Lardiere McNair DiNicola & Stonebrook Ltd., LPA can help you navigate your issues. The FTC argued that these clauses significantly reduce workers’ wages, stifle new businesses and new ideas, exploit workers, and hinder economic liberty. As expected, the proposed rule is already becoming the subject of opposition. The principal allegation is that the FTC lacks the authority to promulgate such a competition rule, not to mention the estimated economic impact of $296 billion.

However, if the FTC rule is put into effect, this is what employers should expect:

Employers would be banned from entering into noncompete clauses with their workers, including independent contractors;
Employers would be prevented from representing to a worker, under certain circumstances, that the worker is subject to a noncompete clause;
Employers would be required to take action to rescind the non-compete clauses within a certain timeframe, through individualized communications from the employer to all current employees, as well as former employees.

What can you do for your business now?

The FTC rule is not final, as the agency is seeking public comments on a variety of topics until March 20, 2023. Nevertheless, businesses should be prepared. In addition to submitting comments to the FTC, it would be prudent to start gathering all noncompete, nondisclosure, confidentiality, and no solicitation agreements, and consider reaching out to an attorney to:

Monitor and keep you updated as things rapidly change;
Help your business comply with the potential new rules, the required actions, and advise on possible exceptions;
Review all your existing agreements, particularly if they do not contain certain clauses, as it could void the entire agreement;
Draft new agreements to ensure compliance and avoid legal battles.

At Lardiere McNair DiNicola & Stonebrook Ltd., LPA, our attorneys have extensive experience and will collaborate with you to effectively advise you on all business law matters, including formation of your business and general representation. Please Call (614) 534-1355 and schedule a free consultation.
For more information visit:
https://www.ftc.gov/system/files/ftc_gov/pdf/p201000noncompetenprm.pdf

Aline Wright is a Legal Assistant at Lardiere McNair DiNicola & Stonebrook, Ltd., LPA. To read more about our firm, please visit lawyerscolumbusohio.com.

Identity Theft-8 Steps to Help Protect Yourself

AARP data show that nearly 42 million Americans were victims of identity fraud in 2021, costing consumers $52 billion in total losses. At Lardiere McNair DiNicola & Stonebrook Ltd., LPA, we stand ready to assist clients with the challenges to their families and businesses when identity theft strikes.

If you believe you were a victim of Identity Theft, the Federal Trade Commission and Credit Bureaus provide important steps to take to protect yourself.

Quickly contact your financial institution and shut down any account that has been impacted;
Check your credit reports. Request copies of your credit report from all three nationwide credit bureaus – Equifax, Experian and TransUnion;
Report the Crime to the Federal Trade Commission at: https://www.identitytheft.gov/#;
File a Police Report with your local law enforcement agency. A police report provides you with a document saying you have been a victim, which can be helpful when requesting a 7-year extended fraud alert on your credit reports;
Report certain types of identity theft to specific agencies, such as your health insurance company’s fraud department, Internal Revenue Service, and State Attorney General, as they may provide additional protection;
Consider placing an initial one-year fraud alert on your credit reports. A fraud alert will make it harder for someone to open a new credit account in your name. A business must verify your identity before it issues new credit in your name;
Consider freezing your credit reports. A security freeze, also called a credit freeze, stops new creditors from accessing your credit file and others from opening accounts in your name, until you lift the freeze;
Consider signing up for Identity Monitoring Alerts. It is a service that regularly checks your credit reports, and alerts you of any changes or suspicious activities, such as: increase of credit limit or whether a credit card or loan application is submitted or opened in your name.

If you are a victim of identity theft, give Lardiere McNair DiNicola & Stonebrook Ltd., LPA a call to schedule a free consultation at (614) 534-1355, and we will help you navigate this process and limit your damages.

For more information go to: https://www.identitytheft.gov/#, https://www.equifax.com/, https://www.transunion.com/, https://www.experian.com/, www.annualcreditreport.com.

Aline Wright is a Legal Assistant at Lardiere McNair DiNicola & Stonebrook, Ltd., LPA. To read more about our firm, please visit lawyerscolumbusohio.com.

Lardiere McNair DiNicola & Stonebrook Sponsoring RMHC Of Central Ohio

Chris Lardiere is a Partner at Lardiere McNair DiNicola & Stonebrook, Ltd., LPA. To read more about our firm, please visit lawyerscolumbusohio.com.

What to Do When You’ve Been Injured.

2. Insurance

3. Strengthening Your Claim

Taylor Agler is an Associate Attorney at Lardiere McNair DiNicola & Stonebrook, Ltd., LPA. To read more about our firm, please visit lawyerscolumbusohio.com.

I want to get my child vaccinated, my ex-spouse does not, what next?

You and your ex have a shared parenting plan. Which means you have to make decisions together with respect to health-related issues. But now, you want to get your minor child vaccinated for COVID-19 and your ex-spouse is not in agreement. What can you do?

The answer is a thorough review of your current shared parenting plan. The language with respect to health-related, medical issues is the key to determining what you can or cannot do.

Our office recently was hired by someone who had this very same issue. A review of her shared parenting plan led us to advise, based solely on what her specific plan stated, that she was within her rights in the plan to go ahead and vaccinate the minor child, even though the ex-spouse was not in agreement.

She vaccinated the minor child. He filed a Contempt. At the contempt hearing, the Court read aloud the language in their shared parenting plan and determined that, irrespective of his personal feelings about the vaccine, that in fact, our client was not in contempt. The other party dismissed his contempt immediately.

However, not all plans have the same language. If you have questions about interpreting your shared parenting plan, please contact our firm to set up a consultation to discuss.

Also, if you are currently going through a divorce with minor children, or a custody case, make sure to talk to a lawyer about the precise language being used in your plan and what that could mean for future issues.

Sunni DiNicola is an Partner at Lardiere McNair DiNicola & Stonebrook, Ltd., LPA. To read more about our firm, please visit lawyerscolumbusohio.com.

Is your dog breed covered by Home or Renter’s Insurance?

In 2022, the American Veterinary Medical Association stated that there are approximately 85 million dogs living in U.S. households. It was also reported that an average of 4.5 million people, most of them children, are bitten by dogs each year.If you have been the victim of a dog attach or if you are a dog owner and have questions about coverage, give Lardiere McNair DiNicola & Stonebrook Ltd., LPA a call.

In Ohio, dog owners are liable for injuries their pets cause. Ohio Law identifies three categories of problematic dogs, based purely on behavior, not breed; these categories are as follows:

Dangerous: A dog that, without provocation, has tried to injure a person, or killed another dog, or is caught running loose.
Nuisance: A dog that has chased or attempted to bite someone without provocation.
Vicious: A dog that, without provocation, has killed or caused serious injury to any person, unless the victim was trespassing or engaging in criminal activity on the dog owner's property.

Generally, homeowners’ and renters’ insurance policies have coverage for dog bites. However, some companies will not provide coverage to individuals who own certain breeds. Others will decide on a case-by-case basis. In Ohio, owners of dogs that have been deemed dangerous are required to carry liability insurance. Obtaining coverage in such cases may be difficult, as dog owners may face higher premiums, non-renewals or even exclusion.

Being a responsible pet owner is, and will always be, the best way to avoid having your dog placed in any of the above categories and struggling with the cost of insurance coverage.

At Lardiere McNair DiNicola & Stonebrook Ltd., LPA, our experienced attorneys can review your policy and assist with determining the appropriate coverage. If, on the other hand, you have been injured as a result of a dog attack, our firm is prepared to advise you with regard to your personal injury claim. Call (614) 534-1355 and schedule a free consultation.

For more information go to: https://www.avma.org/resources-tools/pet-owners/dog-bite-prevention

Aline Wright is a Law Clerk at Lardiere McNair DiNicola & Stonebrook, Ltd., LPA. To read more about our firm, please visit lawyerscolumbusohio.com.