Any type of poisoning injury can have devastating affects on the body. Our Toledo, Ohio poisoning injury attorneys handle poisoning cases involving lead poisoning, carbon monoxide poisoning, and food poisoning. Learn more about the different types of Ohio poisoning injury cases and personal injury cases our office handles.
Ohio Lead Poisoning Lawyer
The hazards of lead paint poisoning have been known throughout the world since the early 1900's. However, it was not until 1978 that the use of lead paint became illegal in the United States after the EPA banned it. Most cases of child lead poisoning result from the ingestion and inhalation of lead based paint and particles. However, other sources of lead, such as vinyl mini-blinds and toys may also be a source of lead hazards.
Consequences of Childhood Lead Poisoning
The Centers for Disease Control defines child lead poisoning as an elevated blood lead level greater than nine micrograms per deciliter. Lead poisoning in children is typically detected through routine blood tests at annual exams. Many children have no symptoms at the time that they are lead poisoned, other than common child complaints like stomach pain or loss of appetite. Problems with behavior, learning, and development typically surface as the child progresses through elementary school.
Children under the age of seven are at the greatest risk from lead poisoning. Children tend to absorb lead into their system at a much higher rate than adults. Lead poisoning injuries are serious and are irreversible, including:
· Learning disabilities
· Loss of IQ points · Speech problems · Developmental delays · Loss of earning capacity · Hyperactivity and attention deficit disorder (ADHD) · Delinquent and criminal behavior · Brain damage · Wrongful death
Because of the injuries caused by lead poisoning, many children will be unable to achieve their full intellectual potential and earning potential. Such children may need special education services for many years. For these reasons, the damages sustained by a lead poisoned child are significant. Many communities have excellent support groups for parents and family members of children diagnosed with the disease.
Landlords and Lead Poisoning
Landlords typically deny any knowledge of lead hazards in the home, despite local and federal regulations that require them to give notice of potential hazards to the tenant. Many landlords also refuse to abate or cover the hazards and demand that the tenants undertake these actions, which is clearly contrary to Ohio law.
After a child is diagnosed with an elevated blood lead level, the diagnosing doctor or clinic sends a notice to the health department to perform an inspection to determine the source of the child's lead poisoning. Ohio Department of Health oversees county health departments to implement state procedures for inspections of properties. Many larger cities, like the City of Toledo, have their own lead poisoning prevention programs. It is often through these lead risk assessments that the paint hazards are identified in the landlord's rental property.
Contact an Ohio Lead Poisoning Lawyer
If your child is showing lead poisoning symptoms, contact a physician right away. Parents and relatives of lead poisoned children are encouraged to contact Charles E. Boyk Law Offices, LLC immediately to learn about the legal rights of their children.
Ohio Carbon Monoxide Poisoning Lawyer
Our Toledo, Ohio personal injury lawyers have handled serious injury cases involvingcarbon monoxide poisoning. Toxic exposure to carbon monoxide can result in physical problems, neurological problems, and even death.
The most common symptoms at the time of carbon monoxide exposure are nausea, dizziness, headaches, chest pain, and confusion.
Carbon monoxide is a colorless, odorless gas. It is a by-product of incomplete combustion that interferes with the delivery of oxygen in the blood to the rest of the body. As a result, it is often referred to as the "silent killer."
Since carbon monoxide has so many "hidden" dangers, it is important that your attorney understand the necessary requirements to prove liability and damages in a carbon monoxide poisoning case.
Carbon monoxide interferes with the distribution of oxygen in the blood to the rest of the body. Depending on the amount inhaled, this gas can cause:
· Poor coordination · Cardiovascular conditions · Fatigue · Headaches · Weakness · Confusion · Disorientation · Nausea · Dizziness
Very high levels can cause wrongful death. The symptoms are sometimes confused with the flu or food poisoning.
Carbon monoxide is produced as a result of incomplete burning of carbon-containing fuels including coal, wood, charcoal, natural gas, and fuel oil. It can be emitted by combustion sources such as:
· Unvented kerosene and gas space heaters · Furnaces · Wood stoves · Gas stoves · Fireplaces · Water heaters · Automobile exhaust from attached garages · Tobacco smoke
Problems can arise as a result of improper installation, maintenance, or inadequate ventilation.
To win a carbon monoxide poisoning case, the injured party must establish that they were exposed to carbon monoxide, that they had levels of carbon monoxide that were high enough to cause physical injuries, and that they did in fact suffer physical injuries from the poisoning. The injured party must also prove that the poisoning was due to the negligence of another person or business, such as an apartment complex failing to maintain the furnace, or due to a defective product, like a faulty portable heater or furnace. It is important to contact an attorney immediately after the exposure before defective products are lost or destroyed and faulty furnaces are repaired.
Ohio Food Poisoning Lawyer
The Toledo, Ohio food poisoning personal injury attorneys at our firm are frequently contacted by clients regarding food poisoning lawsuits. These claims arise when people become ill from food purchased at retail stores, like meats and dairy products, and from food purchased at restaurants. People with serious food poisoning injuries do have legal rights.
Unfortunately, food poisoning and food borne illnesses are common in United States and can often result in very serious injuries. Food poisoning is especially dangerous in cases involving children, the elderly, and those who have compromised immune systems. In the United States there are an estimated 76 million cases of food poisoning or food borne illnesses each year, resulting in approximately 325,000 hospitalizations and 5,000 deaths, according to the Centers for Disease Control.
Major pathogens from food poisoning in the United States cost upwards of $30 million for medical care, and $5 million in lost productivity, according to the National Center for Biotechnology Information. Under Ohio law, individuals who have been injured as a result of food poisoning may have a claim against the store, producer, and restaurant where the food was purchased and prepared. It is important to have a lawyer who is experienced in handling food poisoning claims and lawsuits.
The most commonly recognized food poisoning cases are those caused by the bacteria Campylobacter, Salmonella, E. coli, Botulism, and by a group of viruses called calicivirus, also known as the Norwalk and Norwalk-like viruses.
Campylobacter is a bacterial pathogen that causes fever, diarrhea, and abdominal cramps. It is the most commonly identified bacterial cause of diarrhea illness in the world. These bacteria live in the intestines of healthy birds, and most raw poultry meat has Campylobacter on it. Eating undercooked chicken, or other food that has been contaminated with juices dripping from raw chicken is the most frequent source of this infection.
Salmonella is also a bacterium that is widespread in the intestines of birds, reptiles and mammals. It can spread to humans via a variety of different foods of animal origin. The illness it causes, salmonellosis, typically includes fever, diarrhea and abdominal cramps. In persons with poor underlying health or weakened immune systems, it can invade the bloodstream and cause life-threatening infections.
E. coli [O157:H7] is a bacterial pathogen that has a reservoir in cattle and other similar animals. Human illness typically follows consumption of food or water that has been contaminated with microscopic amounts of cow feces. The illness it causes is often a severe and bloody diarrhea and painful abdominal cramps, without much fever. In three percent to five percent of cases, a complication called hemolytic uremic syndrome (HUS) can occur several weeks after the initial symptoms. This severe complication includes temporary anemia, profuse bleeding, and kidney failure.
Calicivirus, or Norwalk-like virus is an extremely common cause of food borne illness, though it is rarely diagnosed, because the laboratory test is not widely available. It causes an acute gastrointestinal illness, usually with more vomiting than diarrhea, that resolves within two days. It is believed that Norwalk-like viruses spread primarily from one infected person to another. In restaurants, infected kitchen workers can contaminate a salad or sandwich as they prepare it, if they have the virus on their hands. Infected fishermen have contaminated oysters as they harvested them.
Contamination usually arises from improper handling, preparation, or food storage. Good hygiene practices before, during, and after food preparation can reduce the chances of contracting an illness. You can protect yourself from food poisoning by choosing which restaurant to patronize. Restaurants are inspected by the local health department to make sure they are clean and have adequate kitchen facilities.
Contact your local health department to find out how restaurants did on their most recent inspections, and use that score to help guide your choice. In many counties, the latest inspection score is posted in the restaurant.
You can also protect yourself from food poisoning when ordering specific foods, just as you would at home. When ordering a hamburger, ask for it to be cooked to a temperature of 160° F.
Reporting your illness, either through ReportFoodPoisoning.com, or directly to your health department, allows your health department to identify outbreaks and prevent others from becoming sick. Persons suffering illness from food poisoning can also pursue their legal rights against the restaurant or seller of food.
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We represent Ohio personal injury clients from Toledo, Maumee, Delta, Port Clinton, Bowling Green, McClure, Napoleon, Helena, Fremont, Fostoria, Tiffin, Cygnet, North Baltimore, Ottawa, Findlay, Carey, Bryan, Sandusky, Swanton, Perrysburg, Grand Rapids, Waterville, Liberty Center, Portage, West Millgrove, Woodville, Genoa, Gibsonburg, Findlay, Risingsun, Deshler, Hamler, Oregon, Sylvania, Delta, Weston, Oak Harbor, Port Clinton, Clyde, Lorain, Ottawa Hills, Rossford, Millbury, Walbridge, Holland, Northwood, and Whitehouse. We also serve those who live in Lucas, Wood, Seneca, Lorain, Fulton, Erie, Hancock, and Sandusky Counties.