Intentional Torts In Ohio
What Is Ohio Tort Law?
An intentional tort is best described as follows: an employee has been injured on the job, and that injury was caused by a situation that the employer knew would cause injury or harm to others. In additional to claiming workers’ compensation, the injured employee can also file an intentional tort lawsuit against the employer.
Changes To Ohio Intentional Torts
Recently, the Ohio legislature has made changes to the law that favors employers and makes it nearly impossible for employees to bring a claim for intentional tort. If a machine guard was purposely removed by an employer, we can make a claim. If the employer intended for the injury to occur, we can make a claim. If the conduct of the employer was absolutely outrageous, we can at least talk to you.
Our law firm has extensive experience with Ohio tort law, including:
- A 30-year-old supervisor in a production plant noticed that a guard protecting the in running nip point of a production machine was missing. The machine had two, 300 pound heated rollers running at high speed that were supposed to be guarded to protect workers who worked in close proximity from getting a hand or arm into the nip point. He asked management to replace the guard, but it was not. While making an adjustment to the machine one evening, his hand was sucked into the in running nip point, and it was crushed and burned almost completely off. We filed suit on his behalf following Ohio tort law against his employer for allowing such a dangerous condition to exist. We discovered that the company had dozens of other guards missing, and that the company knew they were missing – yet did nothing about it. The case went to trial and the jury held the employer liable in one of the largest Ohio intentional tort jury verdicts in history, awarding both compensatory and punitive damages because of the employer’s intentional misconduct.
- A young man with a wife and two sons was tearing off and replacing a roof of a municipal pool building. He was wearing fall protection equipment that would have arrested a fall if he fell off the roof, but his supervisor told him to take it off so that he could work more quickly. In less than 30 minutes, the young man fell to his death into the empty concrete swimming pool 40 feet below. CPAS sued his employer for an Ohio intentional tort, alleging that instructing an employee not to use fall protection equipment was substantially certain to lead to catastrophic or fatal injuries. A jury agreed, holding the employer liable for the losses to the worker’s family, and awarding punitive damages for the misconduct of the supervisor.
Damages Following An Intentional Tort
A victim and the victim’s family may be entitled to recover damages for hospital and medical expenses; past and future lost earnings; past and future permanent physical disability such as a limp, scars, loss of a limb; emotional distress such as depression and anxiety; grief and emotional suffering caused by the death of a loved one; loss of love and companionship caused by the death of a loved one; damage or destruction of property; physical pain and suffering; and loss of enjoyment of life.
Questions To Ask An Ohio Tort Lawyer
When considering hiring an Ohio tort lawyer to represent you in a claim involving an intentional tort, there are some specific questions you should ask to evaluate the lawyer’s experience with this type of case. You should ask for the number of intentional tort cases the lawyer has handled and the results.
Clark, Perdue & List Expert Tort Attorneys
RECENT BLOG POSTS FOR PERSONAL INJURY
Lost Your Job After a Columbus 18-Wheeler Crash? A Lawyer Can Help
A collision with a big rig can cause injuries that make returning to work impossible. If you’re in that situation, an 18-wheeler accident lawyer in Columbus might have the solution you need. By building a solid personal injury claim, an attorney can seek...
Philips Respironics Issues Recall of Breathing Devices
A voluntary recall has been issued for Philips Respironics ventilators, BiPAP, and CPAP machines due to potential health risks. The polyester-based polyurethane (PE-PUR) sound abatement foam used in these devices may break down and potentially enter the device’s air pathway.
What Is the Average Truck Accident Settlement in Ohio?
If you or a loved one sustained severe injuries in a semi-truck accident or 18-wheeler collision in Ohio, you deserve justice and fair compensation for your injuries, lost income, pain and suffering, and more. In Columbus and throughout Ohio, Clark, Perdue, & List...
Vaping Increases Severity of COVID-19 Symptoms
The link between COVID-19 and vaping is becoming more apparent as new research emerges. Evidence shows that the virus may have an easier time infecting the lungs of smokers and vapers. According to a recent article in the New York Times, smoking appears to alter the...
Vaping Damages The Heart Like Regular Cigarettes New Study Shows
A recent report in the Journal of the American Heart Association shows that vaping damages the heart just as bad as traditional cigarettes. E-cigarettes or vaping was once considered a safer alternative to smoking, but continuing studies are debunking this claim....
E-Cigarette Companies Asking for An Extension from the FDA
Due to the recent coronavirus pandemic, e-cigarette makers are looking for an extension on their Food & Drug Administration (FDA) applications. A deadline of May 12, 2020 was previously set as a result of a lawsuit filed by the American Academy of Pediatrics. The...