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John Robert Sauter

John Sauter’s Answers

151 total

  • Our sidewalk was re-done in Fall 2013. They created an incline where they used to be a step.

    The sidewalk passes underneath a gutter that leaks water. This caused unreasonable amounts of ice to form in front of our apartment door and they were not salting adequately. My wife slipped,fell and tore her rotator cuff requiring surgery to re...

    John’s Answer

    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 here. Unnatural accumulations are caused by forces other than natural meteorological conditions - essentially human intervention that causes snow and ice to accumulate in unexpected ways and places.

    These cases are fact-heavy. Your case might depend on whether there was snow and ice in the surrounding area. Further, the majority of Ohio appellate courts require the Plaintiff to prove that not only an exception to the 'no-duty' winter rule exists, but also that the snow or ice that caused the injury was not open-and-obvious, as an open-and-obvious danger is a complete bar to recovery.

    Consult with an experienced personal injury attorney in your area of a complete understanding of your claim.

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  • CanBystander who witnessed the death of a victim three blocks away recover damages for negligent infliction of emotional distres

    Can a Bystander who witnessed the death of a victim three blocks away recover damages for negligent infliction of emotional distress?

    John’s Answer

    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, the emotional injuries must have been reasonably foreseeable as a result of a reasonable person’s reaction to the circumstances. Whether or not the emotional injury was reasonably foreseeable is based upon several factors: (a) whether the bystander was located near the scene, or a distance away; (b) whether the shock resulted from a direct emotional impact based upon the sensory and contemporaneous observance of the injury, as contrasted with learning of the injury from others after its occurrence; (c) whether the bystander and the injury victim were closely related, as contrasted with the absence of any relationship or only a distant relationship.

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  • Injury in ohio prison due to irrate c.o. busting window & causing glass to hit & cut face and eye of inmate

    whiie on cleaning detail another inmate was "rapping" & tapping on window,,a c.o. got aggrevated and hit window from other side causing window to break & crash hitting another inmate in face& eye,,inmate was taken to hospital & told to see ophtamo...

    John’s Answer

    Yes, inmates in Ohio's prisons have right to legal representation. Employees of the Ohio Department of Rehabilitation and Correction owe prison inmates a duty to keep them safe from unreasonable harm.

    These types of claims are filed in a special court, due to the fact that the lawsuit would be brought against the State of Ohio.

    Should you desire more information, my contact information is on my profile page.

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  • What can I do? Can I sue him?

    I got this job 6 days ago. On my first day the owner shot a blank 380(?) at me then handed me the bullet, offered me something to drink cause he was drinking brandy, then asked me if I was having sex with my boyfriend. His wife told me that he was...

    John’s Answer

    You can contact your local police department, explain the incident to them, and they may decide to arrest him for menacing.

    You can sue him for assault in a civil court.

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  • What are my options after a car accident?

    My vehicle was totaled by another motorist (they were found to be at fault and were cited).There were no injuries. They did not have insurance and I did not have uninsured motorist protection. The estimate for my vehicle was $5,200. After repea...

    John’s Answer

    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.

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  • Please read details

    I was in a car accident, I rear ended someone with out insurance , no one went to the hospital from the scene. I knew i was responsible so i went and paid i decent chunk of change to the ladies insurance collections to take care of the damages don...

    John’s Answer

    Did you have auto insurance at the time of the collision? If not, your situation highlights the dangers of driving without insurance - you can be held liable for the personal and medical damages you cause.

    It certainly could be the case that the individual you struck incurred $1,900 in medical bills. Many (if not most) individuals involved in motor vehicle collisions do not go directly to a medical facility, rather, they go to an urgent care or doctor's office hours or days after the collision.

    Should you had auto insurance at the time of the collision, report the incident to you insurance company so they can pay these bills.

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  • What are our rights during an eviction for non-payment, when we were told not to pay?

    My family and I rent a condo from my mother. We moved in in Sep '11, & paid $550/month through Chase quick pay. This was half of the mortgage payment. We never signed a lease-it was a verbal agreement. My mother told us Nov '12 she was plannin...

    John’s Answer

    • Selected as best answer

    The Ohio Revised Code provides that a tenant may raise ANY defense to an eviction action at trial. Thus, testimony that rent is not in arrears would be a valid defense.

    Furthermore, prior to commencing an eviction action in municipal court, the landlord must VALIDLY serve the 3-day notice by either (a) certified mail, (b) personal service, or (c) residential service. Sending a text message is not a valid method of service, and thus any eviction action the landlord would file after the defective service of a 3-day notice could be defeated in court, forcing the landlord to start over again.

    This does not constitute legal advice. No attorney-client relationship has been formed through this answer.

    Should you be interested in my services, you are welcome to contact me at 937-642-1819.

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  • Need to know how to word eviction notice to someone who has already been notified via letter and still has not complied.

    Tenant is in arrears in rent and in violation of lease agreement for not having utilities turned over into his name. Was given notice March 12, 2013 and had ten days to turn over utilities. Did not comply. Was given a 7 day notice to vacate th...

    John’s Answer

    Before instituting an eviction proceeding, a landlord must give the tenant a three-day notice to vacate, informing the tenant of the landlord's intent to begin a forcible entry and detainer action. If you attempt to begin a FED action w/out providing the tenant with the three-day notice to vacate as mandated by Ohio Revised Code 1923.04, the action will be defeated and you will have to start all over again.

    Tenant's prior evictions will not aid your current attempt to evict tenant, as tenant's prior evictions bear not relevance on whether or not he or she breached their current lease agreement.

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  • I am being sued for a house fire that was an accident a greese fire do we have a case and can you help please

    the landlord is not sueing the insurance company is the owners only had the house for 6months we lived there 2 months there was grease on the stove i was in the other room when i come back it was on the cabinets i got everyone out and called the f...

    John’s Answer

    You're being sued by the insurance company because the landlord's insurance company paid to have the area repaired. They are asserting their right to seek recovery from the party that caused the damage.

    You need to consult with an attorney to defend the lawsuit, because if you don't, you risk having a default judgment entered against you for the full value of what the insurance company is asserting.

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  • How long do companies have to collect on a bill?

    I had a credit card in 2000 I couldn't pay due to a divorce. The amount was $1000.00. I have been getting calls trying to intimidate me to pay. I am on Soc.Sec. Disability and age 64. Can they take my check?

    John’s Answer

    Keep in mind that the statute of limitations does not run until you default. Therefore, if you opened the credit card in 2000, but continued to pay it through 2008, the statute of limitations has not yet run.

    Also, debt collectors can attempt to collect a time-barred debt without seeking the use of a court, and may even file a lawsuit, but if the debt is outside the statute of limitations, you can use the age of the debt as a defense to their action.

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