David Keith Stein's Answers

Our son was killed from injuries in a bar.5 bar patrons loaded him in the car and he died.Is the bar liable?

Yes, you may be successful in holding the bar liable. There has been several similar cases here in Franklin County in recent years and I have dealt with similar issues over the years in Central Ohio. The bar has the duty to provide a safe premises for its patorns, and to keep drunk and disorderly people from hurting others. This failure can lead to significant liability against the bar in question. This is obviously a very serious case and will require someone to handle it in a serious...

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Can i get fired for gossip?

Ohio is an employment at will state, meaning you can be fired for any reason or for no reason at all. The exceptions to this rule are determined by whether you had promises ro an agreement with your employer to the contrary, or whether there is some form of discrimination involved. Given the nature of the rumors, if you feel that there is a a work environment related to sexual innuendo that ultimately led to your termination, you may have a case to pursue. You should speak with a good...

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If someone fell off a roof and lied to avoid drug test can they still sue for pain and suffering of insurance company?

To whom did he lie? A lawsuit would not be barred if someone's negligence caused the person to fall and be injured. Yes, he can file a lawsuit. However, if the lie was to cover for his own negligence, his claim could be weakened or his veracity could be questioned. Make sure you give your attorney all the facts, even the ones that may hurt the value of the case. An attorney with experience in Ohio personal injury law ought to be able to evalaute the claim and advise you of the chances...

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Is it legal for my place of employment to lower my pay because they made a mistake?

Your question brings to issue whether any term of employment can be changed mid-stream. If you had a written contract or are subject to a collective bargaining agreement, the employer may be restricted from taking this action. However, in Ohio, you are likely an employee at will. This means that your employment can be terminated at any time for any reason or for no reason at all. It follows that your pay can be reduced. The exception that may apply here is whether you relied on the...

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Job offer letter accepting to stay with employer for five years. Do I have to comply?

Is there a future bonus or some incentive tied to the longevity clause? The most that should happen is that you would forfeit those rights if you leave early. However, no employer can force an employee to work against their will. You cannot be forced to work out your five years. So, if you leave early, nothing should happen. My advice would be to consult with an attorney to get a formal review and opinion related to this letter of agreement.

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Can I write a book about situations that happened in a hospital, both good and bad?

You can write a book about this subject. Be very careful. Federal and state privacy laws may affect what you say about a patient or his or her treatment. Make sure there is no ability for a third party to determine such private information based on what you write.

A year ago my daughter was told that she had cataracts but now told she doesn't same doctor is this medical negligence?

Probably not. Did the doctor breach a standard of care? Maybe. Did he/she cause injury? Probably not.

Will a verbal agreement hold up in court

You can sue him in small claims court. If he brings an attorney, you can ask the magistrate for additional time to obtain counsel, as well. You do not need a written contract for your claims. If he made a promise and did not keep it, and if you reasonably relied on his promise, you may be able to enforce this "verbal agreement." And, yes, if he caused you to incur impound fees, he could be forced to repay you. The question is - did you know that he did not have a license?

Borrowed car from friend was told had insurance got in to accident, he had no insurance. 3rd party suing me

Your insurance company may be pushing you around. If you had full liability insurance, they would probably have a duty to defend you from any claim. Of course, you should not be liable for any claim if you did not cause the accident. It will be hard for you to defend yourself without an attorney. The insurance company should provide you with an attorney (if you had liability coverage). If they refuse, file a complaint with the Ohio Department of Insurance.

A.)Is there a minimal payment for passengers injured in a car accident in Florida? Is it ok if I was checked 2 days later?

You are entitled to be compensated for all inuries incurred as a result of this crash. The fact that treatment may have been delayed by 2 days will not hurt your case. Many soft tissue injuries take several days to manifest themselves. I advise you to fully evelaute your injury before making a claim. You have the right to get the help you need, in your own timing. Your claim does not have to be settled for two years, so take some time to get well and document everything - all treatment,...