Cleveland, Ohio, Injury Law Blog

What is anticipatory breach of contract?

What happens when expectancy turns into impatience in the business world? An anticipatory breach of contract may be filed. Anticipation, and the lack of delivery on it as expected is both interesting and relevant part of business contract law. Here are some important points about anticipatory breach and examples of how it is used in the business world.

Supply and Demand

Is your sunroof at risk of exploding?

Consumer Reports recently investigated a disturbing trend in the automotive industry: sunroofs are exploding. It may sound like a far-fetched, freak occurrence, but instances of the defect are actually on the rise. The U.S. has seen 859 reported cases of sunroof explosions in the last 22 years—610 of these occurring since 2011.

The cause of the defect is a bit of a mystery; reported incidences don’t seem to follow any clear trend. They occur in different parts of the country, in different weather systems, across 208 models of vehicles spanning 35 brands. A sunroof can explode when a car is traveling at high or low speeds, or even when it is parked.

Unauthorized use of antipsychotic drugs in nursing homes

Antipsychotic drugs are a category of drug designed to treat severe mental illnesses such as schizophrenia. The drugs have an incredibly powerful sedative effect, which can render a patient virtually catatonic. They are only meant to treat patients suffering from a psychotic episode involving such symptoms as hallucinations and delusions. They are not intended to be a catch-all sedative treatment for non-psychotic patients expressing pain or distress.

However, default sedation through antipsychotics is commonly employed by nursing staff in senior living communities around the country.

A powerful tool for training your dog

It is a dog owner's legal responsibility to take whatever steps possible to prevent their dog from attacking humans or animals. If your dog bites someone, you could be on the hook--with the possibility of facing civil and/or criminal charges. Learning how to properly train your dog is key to helping keep you and your dog out of trouble. Still, many dog owners are unaware of how to successfully train their dogs. Today we provide you with a simple strategy to get you started.

It is a dog's natural inclination to please and play with people they love them, and they see any attention from their owner as positive reinforcement--regardless of whether that attention is positive or negative. This means that even if you're yelling angrily at your dog to stop barking, or you're physically reprimanding them, they're just interpreting this as attention--i.e., reward, not punishment.

Ohio man pushes for school bus seat belts

Avon Lake, Ohio, resident Rudy Breglia is passionate about child safety. He speaks regularly about the need for safety belt systems in Ohio's school buses.

Breglia was inspired by the school bus tragedy that took place in Chattanooga, Tennessee, in 2016 in which six children died and many others were injured. While the issue of safety belts in school buses has been discussed for 40 years, not every state requires them to be installed.

Self-driving cars introduced into senior living community

The Villages, America’s largest retirement community, is breaking new ground on the technology front. It has installed a fleet of self-driving vehicles in the 750-mile, gated community—giving back mobility to elderly residents who no longer drive.

The model seems like an excellent way to test out the concept of driverless vehicles. Similar to a car-sharing service, residents can access a car from the fleet as needed for an affordable price—50 cents per mile. The car arrives at the resident’s door and takes them to a fixed destination within the community. A resident can carry out their errands and maintain a level of self sufficiency that they might have otherwise lost after giving up their personal vehicle.

Drunk driver not automatically at fault in a car accident

You might think that determining the guilty party is a no-brainer in drunk driving accidents. However, a recent accident in Orange shows otherwise. The head-on collision took place on a Friday night last month. On his way home from a casino, a man crashed into a woman while she was maneuvering around a car that had been parked in the middle of the road.

When the police arrived, the man was visibly intoxicated. When asked for his driver’s license, he mistakenly presented a discount shopping card instead. He was charged with drunk driving. Nonetheless, the police found him not to be at fault in causing the accident. Why? Because in order to clear the parked vehicle, the female driver had illegally moved into the lane of oncoming traffic.

What happens if you get into a car accident without insurance?

If you drive a vehicle in Ohio, the law requires you to have insurance. Still, many people take a risk and drive without insurance. If you’re uninsured, what happens if you end up in an accident?

Ohio is what is known as a tort state, meaning whoever is at fault in causing a car accident is responsible for paying for it. The accident police report often plays a key role in determining who is at fault.

Apple is being sued for defrauding its customers

Apple has recently come clean about a highly contentious action: deliberately slowing down the performance of its older model iPhones. The public response has not been forgiving.

Apple discovered that iPhones with older lithium ion batteries could shut down unexpectedly or have trouble functioning properly if they have a low charge or are exposed to cold conditions. Apple responded in 2016 by implementing operating system updates that slow down these older phones altogether. However, they didn’t notify the public about it—until recently.

Why bystanders fail to give CPR to women

The Heart Association and the National Institutes of Health recently funded a study examining cases of cardiac arrest suffered by Americans in public places. Cardiac arrest is a condition in which one’s heart unexpectedly stops functioning. It affects more than 350,000 people each year in this country and proves fatal in about 90 percent of cases. However, if a person who suffers cardiac arrest receives CPR, their chances of survival can be increased two- or even three-fold.

The study found that if a person suffers cardiac arrest in a public place, and that person is a woman, she is less likely to receive CPR from a bystander. Researchers say that concern about touching a woman’s chest may be deterring many bystanders from giving female victims the life-saving resuscitation they need. Could this era of heightened caution to avoid sexually-construed actions actually be leading to wrongful death?

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