Legal Advice Blog: Legal Advice, Case Insights, & Local Law Information

With the Fourth of July just around the corner, our entire team wants to wish you a very safe, happy, and memorable holiday. Whether you’re gathering for a cookout or enjoying some fireworks lighting up the sky, it’s a wonderful opportunity to enjoy the best of summer and reflect on the spirit of independence. To get into the holiday spirit, we asked our attorneys for their personal tips on how to best celebrate this patriotic occasion. From backyard BBQs to classic traditions, their advice might just spark some inspiration for your own festivities! Click here to watch the video. Happy 4 th of July! Welcoming our New Attorney We are pleased to announce the addition of a new attorney to our law firm- Teena Miller. We couldn’t be more excited to have Teena our team. Her knowledge, dedication, and commitment to justice will undoubtedly strengthen our ability to serve our clients. Please join us in extending a warm welcome to her! Teena Miller brings over two decades of legal experience to Bordas & Bordas, having practiced law in West Virginia and Ohio since 2000 and 2001, respectively. Her extensive background includes handling plaintiff’s personal injury claims and complex civil litigation. Most recently, she handled plaintiff’s and defendant’s civil claims at The Levicoff Law Firm in Pittsburgh. Prior to that, Miller held a partnership position at Gold, Khoury, and Turak in Moundsville, West Virginia, where she successfully litigated plaintiff’s personal injury cases, including achieving a significant $1.5 million-dollar verdict in Ohio. Miller holds bar admissions in West Virginia, Ohio, the U.S. District Courts for the Northern and Southern Districts of West Virginia and the Southern District of Ohio, and the U.S. Supreme Court. Miller began her career at one of West Virginia’s largest defense firms, Jackson Kelly, where she worked in the Wheeling office handling various types of civil litigation, primarily on behalf of corporations and insurers. This followed her being a Dean’s List student at the University of North Carolina School of Law in Chapel Hill, NC, one of the top 25 law schools in the United States at the time. Miller will work out of the firm’s Wheeling office. When your loved ones are in nursing homes, their safety and well-being are your top priority. It’s vital to know the difference between “nursing home abuse” and “nursing home neglect,” because while both are harmful, they mean different things legally and require different actions. However, we are able to handle cases that involve both of these types of situations. To help everyone understand these important distinctions, Partner Geoff Brown explains the key differences between nursing home abuse and nursing home neglect. This information can be really helpful for any family with a loved one in care. Click here to learn the difference. Our Recent Results What Our Clients Say About Us Personal injury suits can arise out of almost any accident. Learn more about the common types of personal injury cases: Unlocking the Power of Partnership with Bordas & Bordas At Bordas & Bordas, we value collaboration within the legal community. We accept referrals across a wide range of practice areas, and some of our firm’s most significant successes have stemmed from strong partnerships with fellow law firms. Unlike many plaintiffs’ practices, our firm’s substantial size and diverse team of attorneys enable us to undertake major and complex cases. Bordas & Bordas stands ready to meet the challenge. Our firm is capable of going up against major corporations and insurance companies to deliver justice to those who have been wronged. Partner with Us: If you have a case where our firm could be a valuable asset, we encourage you to contact Bordas & Bordas. We are honored to collaborate with our colleagues in the trial bar and are committed to working alongside you to achieve the largest possible results for your clients. To discuss potential referral or co-counsel opportunities, please do not hesitate to contact our firm at 304.242.8410 or reach out to us through our web contact form. Congratulations to the 2025 Anti-Bullying Ambassadors! We are proud to share the names of the 16 students from schools in Ohio, Marshall and Belmont counties who are recipients of the Bordas & Bordas Anti-Bullying Fighting for Justice Award. The award was created in 2014 by Bordas & Bordas founder Jim Bordas and honors each Anti-Bullying Ambassador with a $500 cash prize. The criteria for students nominated includes treating everyone equally, respecting differences in others, and standing up for those who are targeted by others or are discriminated against. 2025 Bordas & Bordas Amateur Golf Classic in the Books We’re excited to share the results from the recent Bordas & Bordas Amateur Golf Classic, which took place on June 7 and 8! Despite the very rainy conditions on the final day, our dedicated participants showed incredible skill and spirit, making it a memorable tournament. A huge thank you goes out to all the participants, generous sponsors, and tireless volunteers who made this event a success. For the eighth consecutive year, proceeds from the tournament will proudly benefit the Oglebay Foundation’s Access to the Parks program. Without further ado, here are the champions from this year’s classic. Quotes to Live By

What To Do If The At-Fault Driver Passes Away After an Accident Following a car accident, an injured individual may pursue compensation for their sustained injuries. However, should the at-fault driver pass away, it leaves many wondering if they still have any legal options. In short, yes. However, there are distinct differences in how to go about handling claims where the responsible party has passed away. Liability When the At-Fault Driver Passes Away When people cause car accidents, they are normally held responsible by their insurance coverage or a personal injury lawsuit. If the at-fault driver should pass away, their liability still remains. Legal claims that are aimed at them would be redirected toward their estate or insurance policy. Most auto insurance policies cover accidents that occur before the insured driver’s death, meaning the injured party may still file a claim with the deceased’s insurance company. Should the policy limits not fully cover the received damages, additional legal steps may be necessary to receive the needed compensation. Claims Against the Deceased’s Estate If the compensation offered by the insurance company alone is not enough to cover any damages, medical bills, lost wages, and other expenses, filing a lawsuit against the deceased driver’s estate may be an option. An estate is a legal entity consisting of the deceased’s assets and debts, with a representative or attorney managing the estate amidst the probate process. Filing a lawsuit against an estate normally has strict deadlines. States have differing rules regarding the specifics of how and when creditors or injured parties can notify the estate. Should these deadlines be missed, it could forfeit your right to pursue compensation. Potential Challenges Suing an estate may be more complicated than a typical personal injury lawsuit. The estate may have limited assets or even other claims from creditors, reducing the amount of compensation you could potentially receive. In addition, the probate process may result in delays, making case resolution take longer. The other difficulty comes from gathering evidence. If the at-fault driver did pass away, this may limit the opportunities to get firsthand testimony during the lawsuit. There are, however, other forms of evidence that can be useful, such as accident reports, witness statements, and traffic camera footage. Speak With an Attorney After an At-Fault Driver Passes Away If you were injured in a recent crash and learned the at-fault driver passed away, you may still seek out compensation. An experienced attorney could help make a significant difference in how your case moves forward, especially with the unique legal considerations and strict deadlines involved in this type of claim. Reach out to Bordas & Bordas today to discuss your options with a seasoned lawyer and find out how we could help you obtain compensation.

5 Ways Social Media Can Complicate Your Personal Injury Case As we continue to immerse ourselves in the digital age, a majority of expression and consumption are done through social media. Being so reliant on social media in our day-to-day lives, it is easy to get carried away with the type of information we post. However, this second-nature viewpoint can come back to haunt us during investigational situations like personal injury cases. Here’s a breakdown of how social media can impact the outcome of your case. 5 Ways Social Media Can Hurt You 1) Invalidate Your Argument One of the most damaging activities to your personal injury case is evidence of contradicting activity to your claim. A claim in a personal injury case is extremely important because it outlines the specificities of your argument. Example of contradictory social media activity: Claim: you sustained a leg injury from a car accident, resulting in limited mobility. Treatment and medical bills are high, so you are seeking compensation. Contradictory social media post: posting photos of yourself participating in physical activities using your leg (e.g., biking, running, hiking), containing time stamps after a claim is filed. When gathering evidence for a case, insurance companies and defense attorneys may use your posts as proof of exaggeration or falsification of an injury. The significance of this evidence may lead to a lower compensation rate for your injury. 2) Harm Your Reputation and Credibility Reputation relies on the credibility and trustworthiness of the evidence and testimony provided to the judge or jury. Similarly to your argument, posting opinions and images has the potential to damage your reputation and the ruling of your case. Whether directly contradictory or alluding to falsity, posts of any form can undermine your position in court. A case has a lot of moving pieces that can easily sway a jury or judge depending on the storyline it creates. If posting, it is important to keep in mind a supporting and consistent narrative across the board. 3) Insurance Company Accessibility It is common now more than ever for social media platforms to contain various setting options for privacy. Although seemingly protective, insurance companies and defendant legal teams have access to accounts through legal discovery processes. Posts can slip under your radar through sharing options, including: Tagging other users Utilizing public hashtags Direct messaging friends Commenting on public profiles Linked profiles (e.g., linked Instagram and Facebook) It is the goal of insurance companies to find reasons to reduce payouts or deny claims. To do so, social media posts may act as a key proponent of validity. In some cases, insurance companies may even request access to your social photos and comments during their discovery process. Whatever information is pulled may be used against you. 4) Unintentional Admission of Fault Social media may pose a threat of garnering counterclaims. Because social media is an avenue for expression, it is easy to overlook the consequences of your posts. Although rare, posting unintentional or unrelated comments and posts can be taken as an admission of liability. This may look like a story time video you post for your friends alluding to distraction or a comment of “relatable” to a viral texting and driving meme. These situations could indicate that the accident was partially or fully your fault. Although posts may appear inherently innocent, any statement involving the investigated situation can affect the results of your case. 5) Witness Invalidation Directly affected or not, witnesses play a huge role in supporting various storylines in a case. Depending on the situation, it is likely witnesses are able to access your social media and gather their own interpretations on the matter. Posts can heavily manipulate the outcome of evidence presented and bring about arguments of severity. Opposing parties may utilize witnesses of your posted narrative to craft a case that weakens your claim. How We Can Help You Protect Yourself Although social media may be a light-hearted avenue of self-expression, it can also be the determining factor of your compensation. We understand being injured can be a frustrating time. Here at Bordas & Bordas, our goal is to help you pursue the compensation you need to recover from your accident-related damages. Contact us today for help navigating the legal process and avoid making unnecessary mistakes.

How Traffic Cameras and Witnesses Can Support Your Pedestrian Injury Case Getting hit by a car as a pedestrian may leave you with serious injuries that can be life-altering. Following an accident like this, proving liability may be crucial in obtaining compensation. Traffic cameras and eyewitnesses can significantly support your pedestrian injury case, corroborating your account of the incident and strengthening your claim. These two sources may help by giving an impartial account of the incident and potentially identifying who was at fault. Traffic Cameras in Pedestrian Accidents Traffic cameras are commonplace and easily found at major intersections, busy roads, and urban and suburban areas. These cameras can record traffic incidents and may be able to capture footage of the entire event. In cases involving pedestrian injuries, traffic camera footage could provide impartial evidence to support your account of the incident. The footage could capture important details such as a driver speeding, running a red light, or even failing to yield. It offers a visual account of the incident that you could use to counter the driver’s claim. Even if the camera does not capture the entire incident, the footage could still potentially show the vehicle’s behavior before the incident. After an accident, it is crucial to quickly find and collect evidence from traffic cameras. Some municipalities only keep footage for a small amount of time. Our team of legal professionals may be able to ask the municipality to secure the footage and submit it as evidence for your case. Witness Testimony Eyewitnesses may also prove beneficial in supporting your pedestrian injury case. Having a third-party account of the incident may clarify details of the case, giving an impartial account of what the pedestrian and driver were both doing at the time of the incident. Witnesses could include any pedestrians, drivers, or workers present at the time of the incident. Witness statements are sometimes more extensive than the accounts of the pedestrian or driver. The witness may name other factors contributing to the accident, such as road hazards, the environment, lighting, visibility, or traffic signals. Witness statements may support your version of the story and better aid your claim. Our attorneys could speak with witnesses on your behalf and collect written or recorded statements for use in negotiations or court. Contact Bordas & Bordas For Help With Your Pedestrian Injury Case Being able to provide evidence that is consistent and clarifies the events contributing to your pedestrian injury case may greatly affect the outcome. Video from traffic cameras or witness testimony supporting your pedestrian accident case may help settle disputes that arise based on your and the driver’s differing accounts. If you or a loved one is injured in a pedestrian accident, the legal help of our experienced attorneys may be crucial to finding and securing vital pieces of evidence for your claim. Contact our team at Bordas & Bordas today to learn how we can assist you in your pedestrian injury case.

Out-Of-State Car Accidents: What To Do If You Are Injured Road trips and traveling across the states is fun for everyone involved, but unexpected accidents may cause confusion and stress—particularly if someone gets injured. By ensuring you know what to do after an accident, even one that occurs out of state, you can protect yourself and potentially make the legal process easier should you decide to pursue a claim. Call First Responders & Gather Evidence Regardless of where your accident occurs, ensuring everyone at the scene is safe takes precedence. Take a moment to check everyone for injuries and call for emergency help if needed. Some injuries may seem minor at first glance, so it is wise to follow up with a medical professional, as concussions and other soft tissue injuries may not show up immediately. If you can, spend some time collecting evidence of the scene, as this may help you with a future claim. Pictures of the damage to the vehicles, nearby road signs, road conditions, weather, and injuries may be useful later. Take a moment to exchange contact and insurance information with any other drivers involved in the crash, and identify any eyewitnesses and get their contact information. Requesting a physical copy of the police report of the accident—or at least knowing where to get it—may also help your case in the future. Insurance Coverage & Jurisdiction When you are in an accident outside your home state, the laws of the state where the crash happened take precedence. This could potentially impact how fault is determined, the potential compensation for damages, and the statute of limitations on when you can file a case. Some examples of what could differ depending on the state include: Comparative fault laws may reduce damages based on your share of fault No-fault insurance systems may restrict you from suing unless your injuries meet certain requirements Minimum insurance coverage requirements may alter the amount of compensation you can obtain Statutes of limitations for filing may vary Many auto-insurance policies give national coverage to policyholders. Different state laws may impact your policy in unexpected ways, so it could be beneficial to consult with an attorney to familiarize yourself with any difficulties you may encounter. Medical & Travel Expenses If you are injured out of state, certain expenses could pile up, such as follow-up care, transportation, hospital stays, or more. Depending on the nature of your injury, going back to work or even handling daily tasks may be more difficult. If this is the case, you could file a personal injury claim if you have the right documentation. Keeping medical records, bills, travel receipts, and any copies of conversations with your insurer may help provide further details for your case. Speak With a Bordas & Bordas Attorney About Your Out-of-State Accident If you find yourself injured due to a car accident outside of your home state, it is not unusual to feel far from home. Knowing what to do after the crash, and being aware of how a state’s laws could impact your situation, could increase your chances of a successful claim. At Bordas & Bordas, our seasoned team of attorneys has experience dealing with out-of-state accident claims and can help you through the process. Call our office today to discuss your legal rights and options during a free consultation.

Bordas & Bordas is proud to announce the names of the 16 students from schools in Ohio, Marshall and Belmont counties who are recipients of the Bordas & Bordas Anti-Bullying Fighting for Justice Award. The 2025 award recipients: Hayley Hoffer, Barnesville High School Reegan Williams, Bellaire High School Madison Marsh, Bridgeport High School Camden Frye, Cameron High School Dessie Morris, East Richland Christian High School Jadyn Parker, John Marshall High School Zoe Zatezalo, The Linsly School Nathan Luong, Martins Ferry High School Mia Boatman-Salas, Shadyside High School Andrew Roberts, St. Clairsville High School Gianna Parker, St. John Central Academy Emilie Blawut, Union Local High School Josann Frizzell, Wheeling Central Catholic High School Sydney Kobasko, Wheeling Central Catholic High School Ciera Faulstick, Wheeling Park High School Isabelle Thomas, Wheeling Park High School “Congratulations to the senior students who have been named 2025 Bordas & Bordas Anti-Bullying Ambassadors,” said Managing Partner Jamie Bordas. “Nominations from educators and community members highlighted the significant contributions these young adults have made through their actions and attitudes in both their schools and communities.” The award was created in 2014 by Bordas & Bordas founder Jim Bordas and honors each Anti-Bullying Ambassador with a $500 cash prize. The criteria for students nominated includes treating everyone equally, respecting differences in others, and standing up for those who are targeted by others or are discriminated against. “We are proud to recognize these individuals who serve as positive examples for their peers. We wish the Anti-Bullying Ambassadors and the class of 2025 the best of luck in their future endeavors,” said Bordas. Bordas & Bordas is a plaintiff’s litigation law firm with offices in Pittsburgh, Wheeling, W.Va., St. Clairsville, Ohio, and Moundsville, W.Va. The firm’s attorneys practice throughout the region in diverse areas of law and are licensed in Pennsylvania, West Virginia, Ohio, and Texas.

PITTSBURGH, PA. – Bordas & Bordas is proud to announce that attorney Tom Anderson has been selected to the 2025 Pennsylvania Super Lawyers list. Multi-year Pennsylvania Super Lawyer, Tom Anderson, focuses his practice on helping individuals who have been injured or discriminated against in violation of state and federal laws. Anderson focuses his practice on employment law, personal injury, medical malpractice, premises liability, and commercial law. Anderson has tried many jury trials involving very serious personal injury claims, catastrophic damages, and high exposure employment actions in both state and federal courts. He has obtained seven-figure verdicts and numerous significant settlements. In 2024, a jury in the United States District Court for the Middle District of Pennsylvania returned a verdict of $20,500,000 against American Home Patient/Lincare in a racial discrimination case arising out of its State College, Pennsylvania location. Anderson served as trial counsel for the plaintiff, Patricia Holmes. The 8-person jury awarded Holmes $500,000 in compensatory damages and $20 Million in punitive damages. It found that American Home Patient/Lincare, by and through its employees, including a manager, intentionally discriminated against Ms. Holmes by creating a hostile or abusive work environment because of her race in violation of federal law (Title 42, United States Code, Section 1981.) Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. Bordas & Bordas is a plaintiff’s litigation law firm with offices in Pittsburgh, Wheeling, W.Va., St. Clairsville, Ohio, and Moundsville, W.Va. The firm’s attorneys practice throughout the region in diverse areas of law and are licensed in Pennsylvania, West Virginia, Ohio, and Texas.

Nursing Home Abuse: Hold Responsible Parties Accountable for Injured Residents When you place someone in a nursing home, you expect them to receive adequate care and respect. Unfortunately, nursing home abuse is a serious issue across the United States, and injured residents often suffer in silence. If you suspect that your loved one has suffered abuse, you can hold the responsible parties legally accountable. Our nursing home abuse attorneys at Bordas & Bordas could help you understand your legal rights and fight for justice on your behalf. Signs of Abuse Nursing home abuse of vulnerable residents can take many forms, such as emotional, physical, financial, and neglect.  Abuse can result in bruises, weight loss, and other unexplained injuries. Emotional changes, such as fearfulness or withdrawal, may also be indications of abuse and mistreatment. Signs of neglect may include malnutrition, poor hygiene, or missed medications. Possible reasons for the abuse are staff shortages, lack of proper training, or negligence, all of which can create a dangerous environment for the residents. It is not always easy to recognize nursing home abuse, but you know your loved ones better than anyone else. If you notice changes in your loved one’s health or behavior, it is your right to demand answers. When you take action, you can hold the responsible parties accountable and stop the abuse before it gets worse. Legal Protection You and your loved ones have legal protections against nursing home abuse and neglect. Nursing home residents are protected by both federal and state laws and are legally entitled to live in a safe environment. When someone violates those rights, they must be held legally accountable. Whether this includes health care staff or administrators, residents have the legal right to seek justice for their injuries. Documenting injuries, medical records, and staff interactions provides crucial evidence that can be used to support your nursing home abuse claim. We can use this evidence to assess your situation and pursue compensation accordingly. Taking Action Against Negligent Facilities An apology from the responsible party or a promise to change is not enough. If abuse has occurred, you have the legal right to pursue a claim. Filing a lawsuit sends a clear message of your intention to hold abusive parties accountable for their actions and can also help prevent future harm to other vulnerable nursing home residents. The situation can be emotional and overwhelming, which is why you should have guidance from legal professionals who are experienced in dealing with negligent facilities and not afraid to fight for your rights. Call a Nursing Home Abuse Lawyer To Hold Perpetrators Accountable Your loved ones deserve to live in a safe environment. If they have suffered harm due to nursing home abuse, do not stay silent. We can help you hold responsible parties accountable for injuring residents. We will stand by your side and gather crucial evidence to support your claim. Schedule a free consultation today and let us start to fight for the compensation and justice that you deserve.

The Complexities of Multi-Car Accidents The complexities of multi-car accidents, also known as chain-reaction crashes or pileups, leave many drivers confused, injured, and uncertain about who is at fault. In contrast to two-vehicle collisions, these accidents involve numerous factors that must be carefully evaluated to determine what exactly occurred. Common Causes of Multi-Car Accidents Multi-car accidents typically occur on congested highways, in construction zones with limited stopping distances, and during inclement weather. In these scenarios, the need to suddenly stop may result in a collision that causes a chain reaction. Various factors could complicate the crash, such as: Speeding Distracted driving Not maintaining a safe following distance The driver who made the initial impact may not be the only individual who is liable. Other drivers may be partially liable if they reacted improperly to the crash, drove aggressively, or broke traffic laws. The complexity of these factors requires an investigation to assess who is responsible for a multi-car collision. Who Is at Fault in Multi-Car Accidents? Police reports, witness statements, closed-circuit television footage, and physical evidence taken from the scene of the accident may help assign fault. In addition to a police investigation, insurance companies may conduct their own evaluations, and in certain cases, accident reconstruction experts could investigate the scene. More than one driver could be responsible for a pileup. Many states follow comparative negligence laws, allowing fault to be divided among multiple drivers. However, some states follow contributory negligence laws, where being slightly at fault may prevent a driver from receiving any compensation. Due to the difference in such laws, it is advisable that legal counsel handle each case. The Challenges of Multi-Car Accident Cases Claims for multi-car accidents are often delayed or denied outright due to disagreements between insurance companies. Drivers frequently attempt to shift blame to others, especially if severe injuries or costly property damage are involved. Furthermore, some drivers may be underinsured or uninsured, making recovery more difficult. Another common challenge is that the harm suffered in a multi-car accident may not be immediately apparent. The effects of an injury may be delayed, and having an incomplete medical history could make connecting an injury to an accident more difficult. As such, it is essential to have significant documentation, including medical records, images of the scene, and witness statements. Information that could support your account of the chain-reaction crash may help resolve any disputes over fault. Legal Advice Could Help Victims of Multi-Car Accidents If you are injured due to a multi-car accident and are wondering about liability, speaking to an experienced attorney may help provide clarity. In the aftermath of an accident, it may be daunting to establish liability, communicate with different insurance companies, and secure fair compensation. Bordas & Bordas Could Help You Navigate the Legal Complexities of a Multi-Car Accident Our team could help you navigate the complexities arising from a multi-car accident and help determine who is at fault to obtain the compensation you may deserve. Start the process today with a free initial consultation.

Igloo Expands Cooler Recall In the Wake of New Injuries If you own an Igloo cooler, you may want to give some attention to the Igloo Products Corp. ongoing recall of its 90 Qt Flip & Tow Rolling Coolers. Igloo just expanded that recall to include an additional 130,000 units after receiving additional reports of injuries, including those as serious as fingertip amputations. With this latest expansion. Igloo has now recalled nearly 1.2 million units across the United States, Canada, and Mexico. The issue, according to the recall notice, is that the coolers’ tow handles can pinch users’ fingers against the cooler body, creating fingertip amputation and crushing hazards. Igloo has said that consumers of the recalled 90 Qt Flip & Tow Rolling Coolers should immediately stop using them and contact the company for a free replacement handle. To date, Igloo has fielded some 78 injury reports over these coolers, including 26 cases involving fingertip amputations, bone fractures, and/or serious lacerations. All of the defective coolers were manufactured in the United States by Igloo Products Corp., before January 2024 and all were sold between January 2019 and January 2025 at major retailers including Dick’s, Costco, Target, and Academy and at Amazon.com and Igloocoolers.com. These coolers retailed for between $80 and $140. The latest expansion includes the following additional model numbers: 34692 – Latitude 90 Qt Roller (07/2020–09/2021) 34785 – Latitude 90 Qt Roller (10/2021–12/2022) 34790 – MaxCold Latitude 90 Qt Roller (10/2021–02/2023) If you own an Igloo cooler and want to see if your cooler is included in the recall, check the bottom label for the model number of your cooler on and check the circular stamp near the cooler base for the manufacturing date. All impacted units have tow handles and “IGLOO” printed on the side. To request a replacement handle Igloo cooler owners can contact Igloo toll-free at 888-943-5182 from 8 a.m. to 5 p.m. ET Monday through Friday, email Igloo at: igloo90qt@sedgwick.com, or visit www.igloo90qtrecall.expertinquiry.com. And if you’ve been injured by a defective Igloo cooler, you should contact an experienced law firm right away to explore you claim potential.

Ohio Spoliation of Evidence Law In many cases and incidents, evidence gets lost, some innocently, some not. For example, the recording of a black box can be recorded over, as can security camera video that records an incident. The first example is more likely to be intentional; the second could be, but may not as well. The security camera recording of a fall on the property’s premises may be intentionally neglected. However, the security camera recording an event on the owner’s property may be recorded over innocently, if the tape is not timely recovered. This article will identify the standard of proof for the various types of lost evidence and the rights attainable under the same. In Ohio, there are two applicable concepts that are tied to spoliation of evidence. First, there is the intentional spoliation of evidence. Ohio is one of the few jurisdictions that allows for an independent tort claim for intentional spoliation of evidence. Elliott-Thomas v. Smith, 110 N.E.3d 1231, 1233 (Ohio 2018). Ohio law permits claims for intentional spoliation but precludes claims for negligent spoliation. Smith v. Howard Johnson Co., 615 N.E.2d 1037, 1038 (1993). In order to bring an intentional spoliation claim, a party must establish “(1) pending or probable litigation involving the plaintiff, (2) knowledge on the part of defendant that litigation exists or is probable, (3) willful destruction of evidence by defendant designed to disrupt the plaintiff’s case, (4) disruption of plaintiff’s case, and (5) damages proximately caused by the defendant’s acts.” Smith, 615 N.E.2d at 1038. Furthermore, “a plaintiff is under a duty to preserve evidence that it knows or reasonably should know is relevant to the action.” C4 Polymers, Inc. v. Huntington Natl. Bank, 41 N.E.3d 788, 803 (Ohio 2015). A defendant claiming evidence was spoiled by plaintiff must establish: “(1) that the evidence is relevant, (2) that the plaintiff’s expert had an opportunity to examine the unaltered evidence; and (3) that, even though the plaintiff was contemplating litigation against the defendant, the evidence was intentionally or negligently destroyed or altered without providing an opportunity for inspection by the defense.” C4 Polymers, Inc., 41 N.E.3d at 803. In order to prove the client engaged in spoliation of evidence, the defendant would have to establish the three elements outlined in C4 Polymers, Inc. Based on the facts and circumstances surrounding the incident, it would be difficult for the defendant to establish elements two and three. Additionally, Ohio also follows the missing evidence doctrine. “Under Ohio law, ‘the concept of negative, or adverse, inference arises where a party who has control of the evidence in question fails, without satisfactory explanation, to provide the evidence.’ (citation omitted). ‘Ohio courts normally would require a strong showing of malfeasance -- or at least gross neglect -- before approving such a charge.’” O’Brien v. Ed Donnelly Enterprises, Inc., No. 2:04-CV-85, 2006 WL 2583327, at *4 (S.D. Ohio Sept. 5, 2006), objections overruled, No. 2:04 CV 85, 2007 WL 81843 (S.D. Ohio Jan. 8, 2007) (Quoting, Brokamp v. Mercy Hosp. Anderson, 726 N.E.2d 594, 608-09 (1999) (citing Veranardakis v. Thriftway Inc., 1997 Ohio App. LEXIS 1818 (May 7, 1997). Under this theory, Ohio courts will allow an adverse inference to arise when a party in control of evidence fails to provide the particular evidence without a sufficient explanation as to why the evidence is missing. Again, the defendant will have a difficult time proving the client’s actions rose to a level of malfeasance. Given the injuries sustained, it is reasonable that the client did not immediately go to the hospital and attempted to alleviate the pain through a different outlet. Although defendants may argue the client was negligent in not immediately going to the hospital, it will be difficult to establish the client was malicious or grossly negligent. CONCLUSION In sum, Ohio law provides an independent tort claim for intentional spoliation of evidence as well as a missing evidence doctrine that controls the absence of evidence.

Why is it called “the Bar”? The legal profession is often referred to as “the bar.” While this can be the source of many jokes, many do not know the actual origin of this name for the profession. The term dates back to medieval times, when courtrooms were built with a physical barrier that separated the judge, lawyers, and criminals or parties to the case from the public or others in the courtroom. Modern courtrooms in Europe and the United States generally continue with this tradition, placing a partition or railing between the seating area where the public and press can observe the legal proceedings and the area where the lawyers present the case to the judge and jury. The phrase “passing the bar” is used to describe a future lawyer’s successful completion of all of the requirements to practice law, and specifically, the exam that lawyers must take to establish their qualification to practice. But it quite literally means that the lawyer has earned the right to occupy that space in the courtroom, and is able to move past the physical barrier that sets lawyers apart from spectators in the courtroom. In a similar vein, you may hear the judicial profession referred to as “the bench.” The origin of that phrase is also literal and describes the location of the judge in the courtroom while cases are being heard. The next time you are in a courtroom, take a look around and you will be able to see and know the origin of these descriptions of the legal profession!