Perhaps, but I'm doubtful. The Ohio Supreme Court has held that an owner of property has no duty to remove natural accumulations of snow and ice or warn of the dangers of snow and ice. There are two exceptions to this "no duty" winter rule. First, unnatural accumulations of snow and ice, and second, when the snow and ice is substantially more dangerous than ordinarily would be anticipated (such as snow obscuring a pothole).
The first exception (unnatural accumulations) would be at issue...
Yes. The Ohio Supreme Court has detailed the basic elements of an NIED claim in regard to a bystander at the scene of an injury caused by negligence: one who “reasonably appreciated the peril which took place, whether or not the [bystander] suffered actual physical harm, and, that as a result of the cognizance or fear of peril, the [bystander] suffered serious emotional distress.”
Whether the emotional injuries sustained by the bystander are serious is a question of fact. Additionally,...
You've got legal and non-legal options. Your best bet may be to sue the individual. You'll need a lawyer for this. Don't even think about small claims, you'll be leaving money on the table.
Ohio has non-legal options through the Ohio BMV when you are struck by an uninsured motorist. You can file a BMV Crash Report (google: Ohio BMV FInancial Responsibility). This places a security suspension on their licence that is only lifted when they've paid your damages.
Your statement highlights the important of sending notices via certified mail with a signature requirement, so that you have a verifiable paper trail in the event the other party claims you didn't give notice.
When did you give notice? A 30 day notice is typically required in these situations.
Probably not, for at least two reasons.
First, your damages are an integral part of any personal injury lawsuit. Monetize your damages - what is a twisted ankle worth? A hundred bucks? A few hundred, at most? No smart lawyer will put time and effort into your claim when all he or she stands to gain is 1/3 of a hundred bucks.
Second, a broken sidewalk is likely an 'open and obvious' hazard. While businesses have a duty to keep their property in a reasonably safe condition, some...
Monetize your damages. What is a bruise worth? A couple bucks, max? Maybe a hundred? Now think about how much it would cost to simply file a lawsuit - $300-$450 dollars, depending on your county in Ohio and whether you include a jury demand. Its easy to see that it doesn't make financial sense.
I concur with Mr. Esposito's answer - the speed bump in the middle of the road was an open and obvious hazard. Because of its open and obvious nature, you were expected to use caution. It wouldn't hurt to consult with a personal injury attorney - perhaps there are additional facts regarding the scene of the injury, etc., but I remain doubtful that you have a valid cause of action.
File a mechanic's lien at your local county recorder's office.
Another option would be to contact an attorney and have the attorney send a formal payment demand.
Finally, if the amount to be paid for your services was less than $3,000, you can file against the person in your local small claims court.
In Ohio, and many other states, a retail store's security office enjoys what is known as the 'shopkeeper's privilege.' This allows a store to briefly detain a person who it reasonably suspects of shoplifting for the purposes of conducting an investigation. The stop must be made using reasonable force, given the circumstances. While Wal-Mart may or may not have followed their internal protocol for such matters, it appears, based on the limited facts presented, that their search fit the...
Generally speaking, in Ohio a landlord must follow a specific legal process in order to evict a tenant. That process involves giving the tenant proper notice to vacate the property. If the tenant is still residing at the property following the notice, the landlord can file an eviction action the the local court system.
Therefore, if you haven't received a 3-day notice of eviction and you haven't been served with notice of a court hearing, your landlord can't *legally* evict you...yet.