Toledo Personal Injury Lawyer - Ohio dog bite

Ohio car accident lawyer discusses will execution | Ohio wrongful death attorneys

Chuck Boyk — Thu, 22 Jan 2009 11:24:00 GMT

Toledo, Ohio car accident lawyer Dale Emch discusses will execution in his most recent Legal Briefs column in the Toledo Blade. If you have a general legal question you would like to see considered for publication in Legal Briefs, including those involving Ohio car accidents, Ohio workers' compensation claims, Ohio dog bites, or Ohio ATV and motorcycle accidents, contact Attorney Emch at demch@charlesboyk-law.com or by contacting our office.

Dear Dale: I have some questions about being an executor of a will. When an attorney is appointed to be the executor of a family member’s will, how is the attorney paid for his services? How is the attorney held accountable for his honesty and integrity in handling the execution of the will? And, does the attorney have an obligation to make a financial accounting to the beneficiaries of his fees?

ANSWER: Ohio and local rules specify how executors and attorneys can be compensated. Executors and attorneys serve different functions in how estates are handled through the Probate Court.

Let’s start with the role of the executor. The executor administers the estate of a decendent who had a will.

This person can be a family member, a trusted third party, a lawyer, a bank, or a trust company. This can be a big job that includes responsibilities such as receiving payments owed to the estate, paying debts owed by the estate, determining the estate’s beneficiaries, and following the Probate Court’s orders concerning the estate.

An executor has a duty to act in the best interest of the estate and to carry out all state-law- mandated responsibilities. Acting in the capacity of an executor can be a time-consuming job for which state law allows compensation.

Under state law, an executor of an estate involving a will can receive a commission of 4 percent of the first $100,000 of the estate; 3 percent above $100,000 and below $400,000, and 2 percent above $400,000. So, for example, if you were the executor of an estate valued at $200,000, you could receive $4,000 for the first $100,000 and $3,000 for the next $100,000 for a total of $7,000. An executor also can receive commissions for other activities, but my space is too limited to include a laundry list here.

Whether or not the attorney acts as the executor doesn’t matter in terms of the legal obligations imposed.

The executor must carry out the obligations mandated by law, must act in good-faith, and must account to the Probate Court for expenditures made on behalf of the estate and for the fees received for those services.

If an executor does not meet the obligations imposed by law, the Probate Court can remove the executor.

You also asked about whether an executor has to make an accounting to the beneficiaries. At a time specified by state law, the executor has to make an accounting to the Probate Court and the beneficiaries.

But that doesn’t mean that a beneficiary has the right to demand an accounting of the executor whenever he or she wants that information.

Because you intertwined the roles of attorneys and executors in your question, I want to address compensation for attorneys. It’s not hard to imagine that the duties of an executor can become pretty overwhelming, especially if an estate contains a lot of assets or debts. Executors often hire an attorney to help sort out the estate and to handle the legal work with the Probate Court.

Attorneys can set their own hourly fees for estate work. They also can elect to be compensated in an amount set by the Probate Court. In Lucas County, the schedule for attorney fees on probate assets is 4.5 percent of the first $100,000; 3.5 percent of the next $300,000, and 2.5 percent of the remaining balance.

Originally posted at InjuryBoard by Chuck Boyk

Ohio dog bite lawyers | Ohio dog bite injuries addressed by Ohio attorney Dale Emch

Chuck Boyk — Mon, 05 Jan 2009 16:24:00 GMT

Ohio dog bite lawyer Dale Emch discusses the flip side to dog bite injuries in his most recent Legal Briefs column. If you have a general legal question you would like to see addressed, including those on Ohio car accident settlements, Ohio work injury payments, or medical malpractice, contact Dale today at demch@charlesboyk-law.com.

I heard that a dog's owner isn't responsible for a dog bite if the person bitten was trespassing. So, if I was throwing the football around with my son in my backyard and the ball went into my neighbor's yard, would my neighbor be responsible if his dog bit me when I crossed into his yard to pick up the football?

Let me give you some of the basics about Ohio dog bite law before I zero in on your question. Under Ohio law, the owner, keeper, or harborer of a dog is liable for any injuries caused by the dog. It's a very strict rule that can have some harsh results. For instance, if my dog, Simon, ran out in front of a car, causing the driver to swerve off the road and hit a tree, I'd be responsible for the driver's injuries. And that would be true even if a friend was walking Simon for me and he got away when I wasn't in town. The law imposes strict duties on dog owners, including those who have dogs as headstrong as Simon.

Given the number of dog-bite cases our law office handles, I understand why the law has developed in this way. I've represented children who have been scarred for life and adults whose dog-bite injuries have caused them to be hospitalized for days. It would be little solace to those people if the owners could escape liability by saying, "Gee, our dog has never bitten anyone before, so we had no idea this would happen." There's no such thing as a free bite in the civil arena under Ohio law.

That said, people owning or keeping dogs do have certain defenses. Under the law, it's a defense if the person who was injured was committing or attempting to commit a criminal trespass, committing or attempting to commit any criminal offense other than a minor misdemeanor, or was teasing, tormenting, or abusing the dog. So, the law includes some common-sense protections for dog owners or keepers in limited circumstances.

The key to your question is whether your neighbor would have a defense because you were considered a trespasser. The Ohio General Assembly amended the law this year to change the defense of trespass to criminal trespass. That could be significant, and I expect the change will be the source of some legal wrangling over the next few years. Prior to the change in the law, a number of courts ruled that the trespass defense was available to dog owners whether the trespass was civil or criminal.

It sounds like a small thing, but it could be crucial in a lot of cases. The distinction lies in the difference between a criminal and civil trespass. Boiled down, someone commits a criminal trespass when they knowingly enter the land or premises of another - without privilege to do so - or remain on the land or premises after receiving notice in some form that they're on someone else's property. While there's more to the criminal code section dealing with trespass, that's the general gist.

For the purposes of a civil trespass, on the other hand, it doesn't matter whether the trespasser knew or received notice he was trespassing.

So, let's look at the distinction using the framework of your question. Let's say you had to jump a fence to get into your neighbor's backyard to retrieve the football. It would be hard to say that you didn't commit a criminal trespass because you knowingly entered your neighbor's property.

Let's look at a different scenario. Let's say you were playing football on someone else's property and you had no idea where the property line was. If you inadvertently crossed the property line and the property owner's dog bit you, I would argue that you hadn't committed a criminal trespass and the dog owner would be liable. Under the old version of the law, it didn't matter whether you knew where the boundary line was for the purposes of a civil trespass. If you were bitten on someone else's property and you had no privilege to be there, you were out of luck, at least for purposes of pursuing your claim under the state statute.

As an aside, the concept of privilege is important here. For instance, a letter carrier has the right to enter your property to deliver mail. So the trespass defense wouldn't apply. Or, in your scenario, if your neighbor had seen the ball go over the fence and waved you over to come get it, you wouldn't be a trespasser.

Originally posted at InjuryBoard by Chuck Boyk

Ohio dog bite lawyer Dale Emch on rental agreements

Chuck Boyk — Wed, 24 Dec 2008 17:15:00 GMT

Should you just give up if you don't get your security deposit back? Do you have any options?

Ohio car accident lawyer Dale Emch discusses rental agreements and deposits in his December 21, 2008 Legal Briefs column. If you have a general legal question on Ohio car accidents, Ohio dog bites, Ohio workers’ compensation, or a similar issue, contact Attorney Emch and demch@charlesboyk-law.com.

Dear Dale: I moved out of an apartment last year. Even though more than a year has passed, I have not been able to get my security deposit back. I've called the apartment complex's office more than 100 times, but they still won't return my deposit. Every time I call, they have good attitudes with a lot of excuses, but they never give me my security deposit. I'm really tired of calling them. Is there anything I can do?

Answer: I think most of us have rented an apartment or home at some point in our lives, and most of us have had a landlord hold back all or a portion of a security deposit, sometimes justifiably, sometimes not.

I shudder at the memory of my college roommates and I acting indignant when our landlord refused to give us our security deposit back many years ago. We were, to put it euphemistically, enthusiastic college boys. By the end of the year, the nice home we had moved into looked like something the city might consider condemning. An exaggeration, but you get the point. Though we really had no business getting our deposit back, my brother, Gregg, and a buddy of his - both newly minted lawyers at the time - pointed us to a law that put part of our deposit back in our undeserving hands.

State law dictates when landlords can retain security deposits, and our landlord didn't comply with the law. The Ohio Revised Code requires landlords to return security deposits within 30 days after termination of the rental agreement.

A landlord can withhold all or a portion of a security deposit for such things as unpaid rent, damage to the property, or violations of the lease. A landlord seeking to withhold any portion of a security deposit must provide written notice within 30 days of the end of the lease giving an itemized listing of reasons the deposit wasn't repaid, and a dollar figure associated with each item. Normal wear and tear on an apartment isn't sufficient reason to withhold a security deposit, and courts have ruled that landlords can't build in routine cleaning costs to the lease as justification for withholding security deposits.

State law provides a hammer tenants can use to whack landlords who don't comply with the security deposit code section. If a landlord fails to comply with the law, the former tenant can get double the amount owed to him, plus reasonable attorney fees.

Double damages and attorney fees are available but the law states that the tenant must provide the landlord with written notice of a new address where the security deposit or an itemized list of deductions can be sent. Though it appears that your landlord did not supply you with notice of why your deposit was being withheld, it's unclear to me whether you provided written notice of your new address.

If you did provide notice of your new address, you may want to consider suing the landlord in Toledo Municipal Court. It might take some time, but you've waited this long, right? It's clear that the landlord either feels justified in withholding your deposit or has no intention of ever coughing it up. Maybe having to pay double damages and attorney fees will cause the landlord to reconsider this behavior in the future. Trying to stop that kind of behavior is precisely why the law contemplates that financial hit. The legislature realized that without some sort of pain in the pocketbook, landlords could withhold security deposits for all sorts of shaky reasons.

If you haven't supplied your landlord with written notice of your new address, I'd do that immediately by certified mail, and then I'd contact an attorney if that fails to produce your security deposit.

Originally posted at InjuryBoard by Chuck Boyk

Ohio dog bite attorneys congratulate Lucas County Dog Warden

Chuck Boyk — Mon, 22 Dec 2008 17:20:00 GMT

Toledo's dog warden has just received special recognition. Our Toledo, Ohio dog bite attorneys would like to extend our congratulations to Lucas County Dog Warden Tom Skeldon.

Mr. Skeldon was just named Dog Warden of the year by the nation's only dog bite advocacy group, DogsBite.org. DogsBite.org was founded by a person who was a victim of a pit-bull attack in Seattle. We work closely with Mr. Skeldon, and appreciate the work he has done to keep children and adults safe from vicious dogs and dog bites.

DogsBite.org agrees with Mr. Skeldon's hard work. They write, "Tom Skeldon has vigorously worked to prevent horrendous pit bull maulings resulting in serious injuries or death of human beings, their domesticated pets and livestock."

If you or someone you love has been injured by an Ohio dog bite, contact our office to order your FREE copy of The Ohio Dog Bite Book. Our attorneys are available 24 hours a day, seven days a week.

Originally posted at InjuryBoard by Chuck Boyk

Ohio dog bite attorney gets high review on dog bite website

Chuck Boyk — Wed, 24 Sep 2008 07:56:00 GMT

Toledo, Ohio dog bite attorney Dale Emch and his Toledo op-ed piece on Lucas County Dog Warden Tom Skeldon were mentioned in a dog bite injury website based in Seattle, Washington, with high reviews.

DogsBite.org stated in their August 23, 2008 post:

"Dale Emch is a Toledo-based attorney. He also writes The Blade's Legal Briefs column and previously worked as a reported and editor at The Blade. Emch recently wrote a piece that supports Skeldon. It is exceptional. Emch nails the true gunners after Skeldon too: 'pit-bull fans who make money by fighting or breeding the dogs.'"

If you or someone you know has suffered personal injury from a dog bite, you need information. The Ohio Dog Bite Book, written by Toledo, Ohio dog bite attorneys Chuck Boyk, Dale Emch, and Mike Bruno, focuses on what do immediately after a dog bite, as well as how to handle the insurance companies.

Some of the tips provided in The Ohio Dog Bite Book include: take photos of the injury as soon as possible, notify the local authorities and dog warden, and do not give any information to the insurance company before consulting an attorney.

To order your FREE copy of The Ohio Dog Bite Book, contact our office.

Originally posted at InjuryBoard by Chuck Boyk

Toledo, Ohio woman suffers personal injury after dog bites

Anneke Kurt — Tue, 29 Apr 2008 17:11:27 GMT

A West Toledo woman suffered personal injury from dog bites when she was attacked by two pit bulls in her own home yesterday. According to Lucas County Dog Warden Tom Skeldon, the woman suffered bites to her legs.

Toledo, Ohio dog bite attorney Dale Emch sees the danger that vicious dogs and dog bites can bring to families, which is why he testified at an Ohio General Assembly Committee regarding laws surrounding vicious dogs. Dog bites can cause serious personal injury, including permanent scarring or emotional problems, especially when it is a child that it attacked.

Our Toledo, Ohio dog bite attorneys urge people to be careful around all dogs, regardless of their breed. Avoid petting dogs you are not familiar with, and never tease or taunt an animal, especially one that is eating or sleeping, in order to prevent personal injury from a dog bite.

Originally posted at InjuryBoard by Anneke Kurt