Legal Terms & Definitions

Personal Injury Term - Open and Obvious Doctrine

When a danger is open and obvious, a premises owner owes no duty of care to individuals lawfully on the premises.  Open and obvious dangers are not concealed and are discoverable by ordinary inspection.  In Ohio, property owners are required to keep premises reasonably safe for guests, customers, and other visitors from hidden defects.  In certain circumstances, when you are injured on the property of a person, business, or municipality, then the landowner may be responsible for compensating you for your injuries.;;

Workers Compensation Term - Wage Loss

The dollar amount of the diminishment of wages sustained by an injured worker as a direct result of physical and/or psychiatric restriction(s) caused by the allowed condition in the claim, including: (1) Non-working wage loss – when the injured worker has not returned to work because he or she has been unable to find suitable employment; and (2) Working wage loss – when the injured worker has returned to employment which is not his or her former position of employment.;                             

Personal Injury Term - Product Liability Insurance

The type of insurance coverage which protects manufacturers and suppliers when claims are made for injuries and damage incurred in the use of their goods or products.  Why is this important?

A product liability case refers to the legal liability of manufacturers and sellers to compensate buyers, users, and even bystanders, for damages or injuries suffered because of defects in goods purchased.  A tort which makes a manufacturer liable if his product has a defective condition that makes it unreasonably dangerous to the user or consumer.

Although the ultimate responsibility for injury or damage in a products liability case most frequently rests with the manufacturer, liability may also be imposed upon a retailer, occasionally upon a wholesaler or middleman, a bailor or lessor, and infrequently upon a party wholly outside the manufacturing and distributing process, such as a certifier.  This ultimate responsibility may be imposed by an action by the plaintiff against the manufacturer directly, or by a claim for indemnification, asserted by way of a cross-claim or third party claim by the retailer or wholesaler, or others who might be held liable for the injury caused by a defective product.  Under modern principles of products liability, and with the elimination of privity requirements in most instances, recovery is no longer limited to the purchaser of the product, or even to a user, but may extend to the non-user; the bystander who is injured or damaged by a defective product, for example.  However, the term “products liability” normally contemplates injury or damage caused by a defective product, and if loss occurs as a result of a condition on the premises, or as a result of a service, as distinguished from loss occasioned by a defective product, a products liability claim does not ordinarily arise, even though a product may be involved.;                               

Personal Injury Term - Pedestrian

At KS Ohio we want to help anyone who was involved in an accident.  Do pedestrians have the same rights as those involved in motor vehicle accidents?  Yes.

Pedestrians are ordinarily understood to be persons traveling on foot, but they may be persons traveling on roller skates, ice skates, stilts or crutches.  The statutory definition of “pedestrian” is broad enough to include persons standing upon the highway as well as those traversing it.  Person on foot does not cease to be “pedestrian” within policy covering injuries sustained while a pedestrian merely because he is not in motion. 

Do you believe you were involved in a Pedestrian Accident?  Contact our attorneys at Karp Steiger to help assist you with your personal injury matter.;                 

Workers Compensation Term - Allowed Condition

An allowed condition is recognized as being a direct result of a compensable work-related injury or occupational disease which is supported by medical documentation from your provider.

What happens if a condition is not allowed?

When the claim investigation determines that the condition could not or did not happen as a result of the work related injury, the Customer Service Specialist (CSS) will deny the condition.

When a claim has several conditions reported and the medical documentation does not support all of the conditions, the CSS will issue an order allowing the documented condition(s) and will advise the injured worker that the other conditions will be addressed upon receipt of additional medical documentation.

What if there is an additional condition or a subsequent decision?

An additional condition or disease may be allowed subsequent to the initial allowance if there is evidence to support a causal relationship between the allowed injury and the new condition or disease.

Subsequent decisions are made after the initial decision of the claim.  These decisions are a result of the issues that have either been requested by a party to the claim or those that BWC is addressing via an administrators motion.

Requests for action are categorized as either a formal request or an informal request and can be submitted by a party to the claim or an external party.

If you feel you have a work-related injury and would like our workers compensation lawyers to help you through the process of filing your claim, please contact Karp Steiger attorneys today. 216-358-6446.;                             

Personal Injury Term - Dog Bite - Who is Responsible - Owner, Keeper, Harborer?

The phrase “owner, keeper or harborer” comes from a statute in Ohio law outlining who may be responsible for the actions of a dog.  Generally, a “keeper” is the individual in physical control of the dog at the time of the incident and a “harborer” is the person who controls the property where the dog resides.  Any of the three parties can be potentially liable in a dog bite lawsuit.;;

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