DWS Law – Dittmer, Wagoner & Steele Gahanna OH General Practice Attorney | Dittmer, Wagoner & Steele LLC. 2026-11-13T21:15:32Z https://www.dwslaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1104498/2025/08/cropped-site-icon-DWS-32x32.jpg On Behalf of DWS Law - Dittmer, Wagoner & Steele <![CDATA[What if a dog bites you during a holiday visit?]]> https://www.dwslaw.com/?p=49560 2026-11-13T21:15:32Z 2026-11-13T21:15:32Z What Ohio law says about dog bites It’s only natural to hesitate before bringing a personal injury claim against a relative or friend. However, the bills still have to be paid. Fortunately, homeowners and renters insurance typically includes liability coverage that will cover a claim if a policy holder’s dog bites someone. Under Ohio law, a dog’s owner or caretaker is strictly liable for injuries the dog causes, regardless of whether the dog had a history of violence. The law does make exceptions, however, especially when the injured person was teasing, tormenting or abusing the dog on someone else’s property. However, if your child did nothing to the dog to provoke the attack, that shouldn’t be an issue. If your relative or friend has applicable coverage, their insurer can investigate the claim and pay damages up to the policy’s liability limit. The details matter, though, since some policies exclude coverage for particular breeds. It may help to ask your host for their insurance information early, while everyone still remembers what happened. You can start that conversation by explaining what treatment is needed and asking whether your host can report the bite to their insurer. Keep copies of your child’s medical records and bills, photograph the injury as it heals and write down who saw what happened. Keep track of your time off work. Follow-up care can make the total cost harder to gauge in the first few days. If the injury is serious or the insurer disputes coverage, an Ohio personal injury attorney can help you review the policy and understand your options.]]> On Behalf of DWS Law - Dittmer, Wagoner & Steele <![CDATA[Can you sue an Ohio employer after a fatal work accident?]]> https://www.dwslaw.com/?p=49523 2026-10-30T14:10:19Z 2026-10-30T14:10:19Z Your spouse left for a shift at a Hamilton County job site and never came home. Soon, workers’ compensation paperwork arrives, and you wonder if that is all the law allows. The answer depends on how the accident happened and who caused it.

Workers’ compensation usually limits lawsuits

Ohio’s workers’ compensation system pays death benefits to dependents, such as a spouse and children, without requiring proof of fault. In exchange, an employer with the required coverage is generally immune from lawsuits. Outside of work, a careless act that causes a death could support a wrongful death claim. At work, these benefits usually replace that claim.

Intentional actions may allow a lawsuit

However, your family may be able to sue an employer that meant to cause harm. Ohio law requires proof that the employer deliberately meant to cause an injury or death. Unsafe conditions or safety violations alone usually aren’t enough.

Removed safety guards may support a claim

Certain facts make intent easier to prove. Under Ohio’s employer intentional tort statute, removing a machine safety guard on purpose can create a legal presumption of intent to injure. A court may then presume intent unless the employer shows otherwise. Machine guards shield workers from moving parts. A supervisor who disables one to speed up production may trigger this presumption. Ohio courts have found that missing gloves or similar gear usually won’t qualify.

Other companies may share responsibility

Many job sites involve several businesses. A subcontractor, a driver or an equipment manufacturer may have played a role in the accident. Workers’ compensation protection generally doesn’t extend to them. The estate’s personal representative typically has two years from the death to file a claim. The party that paid benefits may also seek repayment from money recovered in the lawsuit.

Evidence can help establish what caused the death

Evidence often determines whether a lawsuit is possible. Most private employers must report a work-related death to the Occupational Safety and Health Administration (OSHA) within eight hours. Inspection findings, maintenance records, photos and witness statements can show what went wrong. Gathering these records early can help preserve key evidence.

Your legal options after a fatal work accident

A workplace death does not automatically give families the right to sue an employer. However, intentional misconduct or negligence by another party may create additional legal options. An attorney’s early review can help identify which claims apply to your case.]]> On Behalf of DWS Law - Dittmer, Wagoner & Steele <![CDATA[Is a holiday divorce something to avoid?]]> https://www.dwslaw.com/?p=49521 2026-10-30T02:53:14Z 2026-10-30T02:53:14Z how the timing might affect you and your family.

The emotional impact on your children is a major factor

If you have children, you may be reluctant to disrupt their holiday season. Maintaining familiar traditions may be a good reason to wait. However, children are often far more aware of tension between their parents than adults realize. If the holidays in your house typically involve constant arguments or hostility, trying to keep the “happy family” image in place may not be doing them any favors.

Your finances are another important consideration

The holidays can be expensive even when a marriage is on solid ground. Adding divorce-related expenses to gifts, travel and other seasonal costs can put additional pressure on your wallet and make you miserable. On the other hand, if you’re already miserable, waiting won’t help. Consider whether you can afford separate households, how holiday spending might affect shared finances and whether filing before or after the new year could have tax implications.

Consider the practical challenges of your split

Court schedules and professional availability may be limited during the holidays. Gathering financial documents, arranging temporary parenting schedules and scheduling appointments can also be difficult. However, waiting until January won’t necessarily make anything easier. You could use the remaining weeks of the year to gather records, explore your options and prepare for the next chapter of your life.

Don't overlook your own well-being

There's a difference between delaying divorce because it makes practical sense and postponing it because you're dreading that first step. If your marriage has become unbearable, forcing yourself through another holiday season with your spouse may only increase your stress. If abuse or threats to your safety are involved, waiting may be especially unwise. Ultimately, there is no perfect time to divorce. The decision should be based on your circumstances, your family's needs and your goals -- not simply the date on the calendar. Having experienced legal guidance will help.]]> On Behalf of DWS Law - Dittmer, Wagoner & Steele <![CDATA[Understanding the basics of child custody]]> https://www.dwslaw.com/?p=49515 2026-10-19T23:57:00Z 2026-10-19T23:57:00Z Divorcing parents often have a lot of questions about their child’s future. Where will their child live? Who makes decisions for their child? Will both parents be involved in their child’s life? Each parent’s physical and legal child custody rights will ultimately inform the answer to these questions – and more. Learning more about child custody options and how it impacts your rights as a parent can help ease your concerns and allow you to make strategic choices. Here are the basics:

What is joint and sole legal custody?

Legal custody allows a parent to decide how their child is raised by giving them authority over important issues. For example, a parent with legal custody may decide what type of medical care their child receives, their religious upbringing, what school they attend and their extracurricular activities. Legal custody can be shared by parents in a joint arrangement – and generally is. Co-parents often decide on important matters together for their child. In situations where one parent has sole legal custody, then that parent will have unilateral authority over those issues without the other parent’s input.

What is joint and sole physical custody?

Physical custody determines where a child lives. Parents with physical custody are responsible for meeting their child’s daily needs for food, shelter and more. Like legal custody, physical custody is usually shared, so parenting time will usually revolve around a formal schedule that is either mutually agreed upon or court-ordered. The custody schedule may rotate every day, week or month depending on what fits a child’s best interests and physical custody could be shared 50-50, 60-40, 70-30 or some other split.  When one parent is awarded sole physical custody, the other parent may still be given visitation. That visitation may be supervised or unsupervised, but will also occur on a schedule. Parents can seek legal guidance to answer any questions they have about child custody. Early consultation with an experienced attorney can help avoid a lot of confusion. ]]> On Behalf of DWS Law - Dittmer, Wagoner & Steele <![CDATA[What happens if the other driver disputes causing the accident?]]> https://www.dwslaw.com/?p=49511 2026-10-05T14:27:47Z 2026-10-05T14:27:47Z The insurance company investigates the dispute The insurer will typically review both drivers’ accounts before deciding whether to accept responsibility for the crash. They may look at:
  • The accident report
  • Driver and witness statements
  • Photographs or other media evidence
  • Other available information
If their investigation and available information finds that you share some blame, that does not mean you automatically lose the chance to recover compensation. Ohio law generally still allows you to receive damages even if you are somewhat responsible, with the amount adjusted based on your percentage of fault.

Fault may require a more detailed investigation

When the available information does not resolve the disagreement, an accident reconstruction expert may help determine how the collision occurred. They analyze factors such as the vehicles, roadway and circumstances surrounding the crash before offering an opinion about what happened. What they find becomes especially useful when you and the other driver provide conflicting accounts or when the circumstances make the cause of the crash difficult to establish.

The dispute may continue into a lawsuit

If the parties cannot agree on who was at fault, the issue may become part of a personal injury lawsuit. Both sides may present competing accounts of the accident, while witnesses and qualified experts provide testimony about what happened. At that point, determining fault becomes part of the court’s decision about whether you can recover compensation.

Protect your right to compensation

A dispute over fault does not automatically end your claim, but it can make resolving your injuries and losses more difficult. If the other driver’s denial prevents the claim from being resolved, reviewing the circumstances and available records with an attorney can help you understand what to do next.]]> On Behalf of DWS Law - Dittmer, Wagoner & Steele <![CDATA[The dangers of failure to diagnose stroke symptoms in the ER]]> https://www.dwslaw.com/?p=49509 2026-11-05T15:48:28Z 2026-10-02T00:51:12Z Missed early warning signs Strokes often begin with subtle neurological changes. When signs are dismissed or attributed to unrelated conditions, diagnosis can be delayed. Symptoms can include:
  • Sudden confusion or difficulty speaking
  • Weakness on one side of the body
  • Loss of balance or coordination
  • Severe headache with no clear cause
These symptoms signal a possible medical emergency that requires immediate attention.

Delays in essential imaging

Accurate stroke diagnosis depends on timely CT or MRI imaging to determine whether the stroke is ischemic or hemorrhagic, which guides treatment decisions. Frequent delays occur when:
  • Imaging is not ordered promptly.
  • Scan results are not reviewed quickly.
  • Staffing shortages slow radiology workflows.
These issues can prevent patients from receiving clot-dissolving medication or surgical intervention within the recommended time frame.

Errors in interpreting test results

Even when imaging is completed, diagnostic mistakes can occur if results are misread or key findings are overlooked. Frequent interpretation errors include:
  • Missing small areas of restricted blood flow
  • Misidentifying bleeding patterns
  • Overlooking vessel abnormalities
Accurate interpretation is critical because treatment depends on the stroke type and severity. Failure to diagnose stroke in the ER can lead to permanent brain damage, extended recovery periods and reduced access to time‑sensitive treatments. Prompt evaluation, rapid imaging and careful interpretation are critical to protecting patient outcomes. If a medical error prevented you from getting the stroke treatment you needed, a strong medical malpractice claim can help you find justice.]]> On Behalf of DWS Law - Dittmer, Wagoner & Steele <![CDATA[3 considerations for child custody schedules]]> https://www.dwslaw.com/?p=49506 2026-09-21T03:09:46Z 2026-09-21T03:09:46Z Joint physical custody of the children is typically preferred both by separate or divorced parents and the state – since children tend to benefit from the steady presence of both parents in their lives. That means creating a workable custody schedule that determines when each parent is responsible for their child’s daily care, whether that means rotating custody every few days, weeks or months. Before committing to a child custody schedule, parents may need to ask a few questions. These questions can help parents identify issues that may occur when following a custody schedule. Here is what should be factored into a custody schedule whenever possible:

1. How do parental work schedules affect the schedule?

Many parents do not have the luxury of deciding when they go to work or if they work from home. This can create some difficulties when creating a custody schedule. A custody schedule may need to be made around each parent’s work schedule.  Parents may also want to consider when they have custody of their child if they travel often. Parents who travel often for work may have custody of their child every other month instead of every other day. 

2. What is the child’s school and vacation schedule?

Parents may need to consider when their child goes to school when creating a custody schedule. What time of day a child goes to school or leaves school can determine which parent is responsible for dropping off and picking their child up. Vacation schedules, too, may be important to think about.  For some people, parents may rotate custody of their child when their child leaves school. In other words, one parent may be responsible for dropping off their child to school and the other parent may be responsible for picking their child up after school. Parents may split vacation and holiday breaks, or rotate them, depending on their preferences and ability to work together.

3. How far apart do the parents live from each other?

Distance can create issues when creating a child custody schedule. The farther parents live, the farther they have to drive to pick up their child and the more disruptive switches are to a child’s routine. If parents live close to each other, a highly flexible custody schedule can work. When they live at a distance from each other, it may be more appropriate to have one parent have custody during the school year, while the other has custody for long breaks and summer vacations. Parents can reach out for professional legal guidance to discuss their child custody schedule options. Creative solutions are possible to many custody situations. ]]> On Behalf of DWS Law - Dittmer, Wagoner & Steele <![CDATA[Physical and legal child custody are much different]]> https://www.dwslaw.com/?p=49488 2026-09-03T15:48:22Z 2026-09-03T15:48:22Z Dividing custody of children is one of the main components of a divorce case for parents. There are cases where sole custody will be given to one parent or the other, but many cases involve shared custody. From a physical perspective, this often means that parents need to establish a schedule. Will they exchange the children once a week, or more or less frequently? Where will the exchanges take place? Do they need a separate schedule for the summer months, when the children are not in school? Each parent has a right to live with the child and spend time with them, as well as an obligation to take care of them, so the physical custody arrangement establishes how this should happen.

Making decisions for those children

But the legal side of this custody arrangement focuses on the power parents have to make important decisions for their children. Key areas that may be considered include:
  • Education
  • Healthcare
  • Religion
  • Finances
When parents share legal custody, they do still need to work together and make these decisions jointly. When one parent has sole custody, then they have the right to make the decision on their own. But one key thing to keep in mind is that physical and legal custody are separate areas of the overall agreement. They can be divided differently, such as one parent having sole legal custody but sharing physical custody. They also govern much different areas of the children’s lives and define different legal obligations and responsibilities for the parents. Navigating such a complex system can be complicated during divorce, so it is important for parents to know exactly what legal steps to take.  ]]> On Behalf of DWS Law - Dittmer, Wagoner & Steele <![CDATA[What evidence should you collect at the crash scene?]]> https://www.dwslaw.com/?p=49484 2026-09-02T17:21:51Z 2026-09-02T17:21:51Z Essential evidence to gather at the scene Start collecting as soon as you can safely move around the scene. If you can’t move around, ask someone to help you gather evidence. Every piece of information helps prove what happened and how the other driver was at fault. Here's what to prioritize:
  • Photos of vehicle damage: Capture all angles of every vehicle involved, including close-ups of dents, scratches and broken parts.
  • Road conditions and traffic signs: Take pictures of the entire intersection, lane markings, traffic signals and any weather conditions like rain or ice.
  • Injuries you sustained: Document any visible cuts, bruises or swelling on your body right away.
  • Witness contact information: Write down names, phone numbers and addresses of anyone who saw what happened.
  • Dashcam footage: Check your dashcam right away and save or back up the footage before it records over itself.
  • 911 call records: The 911 call creates a timestamped record of the crash, so request a copy as soon as possible.
  • Police report: Ask the responding officer for the report number so you can access the official account of what happened.
If the accident happened in a commercial or residential area, there may also be security camera footage from surrounding stores or houses. Each of these pieces of evidence create a timeline of events that insurance companies and courts rely on when determining fault and damages.

Make sure your evidence holds up over time

Time works against you after an accident. Security footage from nearby businesses typically gets erased within 24 to 72 hours. Traffic camera recordings often disappear even faster. Contact nearby stores, gas stations or restaurants right away to request their surveillance footage. Send a formal written request and follow up with phone calls. Back up your photos and videos to multiple locations, like your phone, computer and cloud storage. Don't rely on just one device. Lastly, keep all physical evidence, like damaged clothing or gear, exactly as is.

Protect your right to fair compensation

Collecting evidence is only half the battle. How you preserve and present all that information determines whether it helps or hurts your claim. Mishandled evidence may still weaken a strong claim. An experienced personal injury attorney knows exactly what courts accept and how to protect evidence from challenges. Getting legal guidance early puts your car accident injury claim in a stronger position for a fair recovery.]]> On Behalf of DWS Law - Dittmer, Wagoner & Steele <![CDATA[Can a bar be legally responsible when a customer causes a crash?]]> https://www.dwslaw.com/?p=49471 2026-08-23T16:57:24Z 2026-08-23T16:57:24Z When can an Ohio bar be held responsible? Ohio's Dram Shop Act addresses when a liquor permit holder may be liable for injuries caused by an intoxicated person. For a crash occurring away from the establishment, an injured person must prove the establishment or one of its employees knowingly sold alcohol to a noticeably intoxicated person and that the person's intoxication was a proximate cause of the resulting injury, death or property damage. This means that simply proving the driver drank at a particular bar before getting behind the wheel is not necessarily enough.

Is the drunk driver still responsible for the accident?

Potential liability involving a bar does not erase the driver's own responsibility. A driver who chooses to operate a vehicle while impaired may remain liable for injuries and other losses caused by the collision. Depending on the circumstances, a claim involving an alcohol-serving establishment may provide another potential source of recovery, rather than replacing the claim against the driver. Ohio law requires an injured party to establish a connection between the intoxication and the resulting harm when pursuing an off-premises claim against a liquor permit holder. Therefore, it is often beneficial to speak with a legal practitioner who can help establish if the facts support a claim beyond the liability in re: intoxicated driver in such cases.]]>