Cleveland Leaders Failed to Protect Children from Lead Poisoning

As reported in ground-breaking articles by the Plain Dealer, 10,000 children, most of them in Cleveland, have been lead poisoned over the last five years.

It was recently discovered that East Cleveland and other local communities have been severely negligent in enforcing anti-lead poisoning laws to ensure there is more screening and protection for children living in Cleveland. The Ohio Department of Health was also found to have turned a blind eye to this critical problem. 

“Our practice is dedicated in large measure to representing people who are injured by lead poisoning, which is 100% preventable. We wish the City would dedicate more resources to preventing it and to following-up on lead paint problems,” says Michael O’Shea. 

According to Plain Dealer reporters Zeltner and Dissell, the problem of lead poisoning hits Cleveland and older cities hard because of the age of homes. Most of Cleveland's housing was built before 1978, when lead paint was not monitored. And the magnitude of the problem is significant: An unpublished 2015 study conducted by Case Western Reserve University revealed that 78 percent of 620 youngsters who enrolled in the county's universal pre-kindergarten program tested positive for lead in their bloodstreams.

“I am proud to say that our firm has been successfully battling lead poisoning issues for over 20 years. We do more of this type of litigation than anyone else in Ohio. Landlords always have the same defense and excuses for the dangers they know about (and don't care), that they place their young tenants in,” states O’Shea. 

Ensure all New Year’s Eve Guests are of Legal Drinking Age

This New Year’s Eve, take caution and be aware that there are severe consequences for supplying alcohol to underage drinkers.

Last year, a mother was charged after she supplied alcohol to her daughter and her friends, which led to a fatal crash after the party. 

“This is a real tragedy that could have been prevented,” said Agent-in-Charge Harold Torrens.
“Parents need to realize there are consequences to providing alcohol to underage individuals.”

The Ohio Department of Public Safety’s Ohio Investigative Unit is diligent about working to fight against illegal drinking. Often plain-clothed police officers, they use trace-back investigations to investigate the source of alcohol, and to discover whether was sold or provided to an underage individual following an alcohol-related incident. 

The presence of alcohol in fatal crashes continues to be a significant problem in Ohio. Retailers and those over 21 are reminded to never provide or sell alcohol to an underage person. Doing so could result in criminal charges or result in administrative charges against the liquor permit. 

Black friday shopping means discounts and greater risk for personal injury

It is no secret that the day after Thanksgiving is the ultimate shopping day of the year, but many aren’t aware that with increased customers, comes a significant risk for personal injury.

With Black Friday comes a significant risk for personal injury.

According to the National Retail Federation, last year's Black Friday attracted more than 90 million shoppers. CNN featured a report on Black Friday’s liability risk for stores and stated, “if you are on someone's property for the purpose of spending money, courts will hold the landowner to the highest applicable standard of care.”

The Occupational Safety and Health Administration has even gone so far as to prepare guidelines for retailers to ensure the safety of staff and customers during the holiday shopping season.

Whether you are a store owner, an employee, or a future customer planning to face the crowds on the busiest shopping day of the year, it is important to make every effort to avoid damages to your staff, to your customers and to yourself.

Is this the season for upcoming divorces?

Many consider the month of November to be the beginning of many joy-filled family moments spent celebrating the holidays, but recent statistics suggest this may be the beginning of divorce season.

"People fight about money over the holidays," says Carol Anderson, parenting coordinator for Hamilton County. "It starts with Thanksgiving, then you're visiting in-laws, then you have to buy Christmas gifts for the kids. Money is the number one thing people fight about."

The main component to a healthy relationship is communication, Anderson says, and that takes a hit during the winter months as well.

"All the clouds, the cold weather - it can be hellacious," she says. "People stay in more. They're not outside as much. That has a lot to do with it."

Many couples also want to savor one last holiday season together before separating and changing the family structure. Whatever the reason, if you are beginning discussions about divorce, it is never too early to contact legal support to ensure the process goes smoothly and is successful for all parties involved.

Thanksgiving Eve DUI’s

The night before Thanksgiving has been known to be one of the most popular for drinking. Many students return home and are reunited with old friends, and families join together and often go out on the eve of Thanksgiving.

In 2014, Ohio saw 27 alcohol-related deaths between Thanksgiving and New Year’s. 

Last year, Ohio saw 27 alcohol-related deaths between Thanksgiving and New Year’s. As this night presents an opportunity for drinking and celebrating, it is essential to be prepared with the reality that police officers will be out in full force monitoring the roads for drunk drivers.

“The holidays are a joyous time of year, filled with celebrations, time with loved ones and good cheer, but one bad decision can change everything,” said ODPS Director Thomas P.Charles. “I urge everyone to make good, sound decisions when it comes to safe and sober driving this holiday season.”

In addition to celebrating and enjoying time with family and friends, take the proper steps to ensure you have a sober driver, or call a cab or Uber to ensure your holiday season starts off without a DUI arrest.

“We are urging motorists to make smart decisions and designate a sober driver or call a taxi to ensure that everyone makes it home safe,” said Colonel John Born, Ohio State Highway Patrol superintendent. “If everyone does their part, we can save many families from the heartache of losing a loved one.”

HUD funding granted for lead hazards in Akron and Cleveland

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Peeling paint inside and out of older homes is a primary source of lead exposure for children.

The Plain Dealer recently reported on HUD grants totaling $6.6 million that will be used to assess and clean 470 housing units located in Cleveland and Akron.

With $3.3 million going to each city, the clean up efforts will be a significant step for Cleveland, as it has not received HUD funding for lead abatement in almost three years.

This funding will bring the greatest relief to children living in these homes, as lead poses the greatest threat to young children.

As stated in The Plain Dealer, “In the city of Cleveland, of the 14,389 children screened for lead in 2013, about 1,900 had levels higher than the Centers for Disease Control and Prevention's threshold of 5 micrograms per deciliter of blood. More than 700 children had lead levels higher than 10 micrograms per deciliter, and 44 children had levels higher than 25 micrograms per deciliter.”

These HUD grants demonstrate a step to rectify this significant problem, with the ultimate goal of eliminating lead exposure throughout the cities. There is still much work to be done, as it is estimated that thousands of homes still pose potential risks for lead exposure, the greatest threat being homes built before 1978. 

Halloween’s Frightening DUI Statistics

Halloween night is known to be one of the scariest, but did you know that it can also be one of the most dangerous with drunk drivers on the road?

According to the National Highway Traffic Safety Administration, 48% of all motor vehicle traffic fatalities on Halloween night involved a drunk driver, with 26 people killed in drunk-driving crashes on Halloween night in 2012.

The Ohio State Highway Patrol makes every effort to keep drivers and children safe on Halloween night. "We obviously focus on the night of Halloween because it’s become a very busy night from the parties. So we ask people to go have a good time and just don't drink and drive."

In addition, agents with the Ohio Investigative Unit are reminding everyone who is under 21 that it is against the law to purchase, possess or consume alcohol. It is also illegal to furnish alcohol to anyone who is underage or intoxicated. This Halloween state and local law enforcement will be out in full force cracking down on drunk drivers with an aggressive Drive Sober or Get Pulled Over enforcement effort.

“There isn’t a Halloween costume clever enough to hide an impaired driver who’s made the poor decision to get behind the wheel,” said Reed Richmond, Health Educator at the Mansfield/Ontario/Richland County Health Department and a Safe Communities spokesperson. “Whether you’ve had one too many or way too many it is just not worth the risk. Remember, Buzzed Driving is Drunk Driving.”

As reported by 19 Action News, AAA also has some insights to offer for the safety of young trick or treaters. "On Halloween, drivers need to be especially vigilant between the hours of 4 p.m. and midnight, when pedestrians are most vulnerable," said Sharon Gilmartin, AAA research analyst. "While trick-or-treating, children may not pay attention to traffic and might cross mid-block or between parked cars, making them even more difficult to see in the dark."

To ensure a safe, fun Halloween for you and your family, here are a few safe tips for drivers and parents.

Successful Labor of Love Event!

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Thank you to all who participated in and supported our 3rd Annual Labor of Love Run on Sunday, September 6th at Rocky River High School.

The morning was beautiful as runners and walkers passed through westside neighborhoods on their four mile or two mile run/walk. Special thanks to our host, Q104 weekday host Average Joe, our Presenting Sponsor Alpha Benefits Group and to Mayor Pam Bobst and the City of Rocky River for their hospitality.   

The morning featured activities for all ages, music by the band Recess and participation from our great sponsors including Dave and Busters, Dairy Queen, Bruegger's Bagels, Erie Island Coffee, Nature's Bin and many more!

Thanks again, we can't wait till next year!

Back to school can mean back to underage drinking

It is no secret that many college students take the opportunity to drink when they return to campus, and many are not of the legal drinking age.

In Ohio, the only legal way for a person age 21 or younger to have an alcoholic beverage is if their parent gives consent and is present when their child is drinking (4301.69(B) O.R.C.). 

Otherwise, the student is breaking the law by drinking alcohol and can face penalties that include fines up to $1,000.00 and the potential for imprisonment up to 180 days.

This is certainly not the way any parent or student wants to spend their time in college, so it is important to explain to your college-bound student the penalties surrounding underage drinking.

Ohio drinking laws and penalties do not focus solely on an underage person consuming alcohol. It is also illegal for a person to purchase, sell or provide alcohol to minors under 21. Fines between $500-$1000 and up to six months of imprisonment can be enforced in these situations.

And let’s not forget the means by which many underage students purchase alcohol in the first place, by using a fake ID. This is considered to be a criminal offense with fines ranging from $250-$1000 and up to six months of imprisonment.

The issues surrounding underage alcohol consumption are very serious and can have severe and long-term implications for your student’s future, not only the infractions they may face from the university they attend, but also the legal ramifications from their choice to drink alcohol illegally.

Ohio Changes Open Container Law

It may soon be legal to carry an alcoholic drink outside

It has been standard practice in Ohio that one must drink alcohol on their property, inside a bar or restaurant and never outside walking around in public.

Did you ever think it would become legal to leave a bar with a drink, walk outside and carry it with you?

With the signing of House Bill 47, Governor Kasich has changed the law, allowing people to do just that.

The idea behind the bill that was signed into law by the governor is to create open-container districts, such as a designated area on East Fourth Street where patrons could buy a drink at one bar, continue to drink it outside on the street, and even carry it into another bar.

The stipulation is that open containers would only be permitted within these half-mile designated areas.

As mentioned in USA Today, the law allows towns with more than 50,000 people to create two zones and those with more than 35,000 people to create one, giving Cleveland two open areas for people to drink outside in public.

This population size would apply to approximately 60 Ohio cities that would now have exemptions under the new open container law.

The benefits for bar owner and customers are numerous, but with increased accessibility to alcohol comes a need for heightened security and police presence. Under this law, these designated outdoor drinking zones must include at least four alcohol permit holders, and can be no more than half a mile.

It remains to be seen the negative or positive implications from this new law, but it will certainly be an area of focus for increased drinking and police monitoring.

New Orleans Children Suffer from Lead Poisoning

Children In New Orleans Suffer From Five Times The Federal Guidelines For Lead In Their Blood

Featured in National Geographic as “one of the best documented environmental health threats to children,” neighborhoods in New Orleans are now taking measures to decrease levels of lead in their children's blood.

Many children have registered with alarmingly high levels of lead in their blood. Lead has been discovered in abundance among playgrounds, homes and daycares throughout New Orleans.

Dangerous lead concentrations were recently discovered in the yards of almost two-thirds of New Orleans homes that were tested. In screenings done in 2013 alone, nearly a thousand children six years and younger—15 percent—had levels high enough to be deemed lead poisoning, according to the Louisiana Department of Health and Hospitals.

Linked to lower IQs, learning disabilities, attention problems, and other neurological effects, the City can’t move fast enough to eradicate this lead being exposed to children.

Before Katrina, more than 100,000 New Orleans homes had been built before 1950; an estimated 83 percent of them contained lead hazards. Before Katrina roughly half of kids tested in neighborhoods with highly contaminated soil had lead poisoning, according to Tulane University researcher Howard Mielke, who has studied the effects of lead on children's health for more than 40 years.

Three years after the hurricane, the rate had dropped to about 30 percent of kids in those same neighborhoods. In areas with less-contaminated soil, it declined even more—from roughly 25 percent before Katrina to 7.5 percent afterward.

Statewide, there was no apparent decline in lead poisoning.

Labor Day Weekend Brings Greater Chance for DUI Arrest

Last year, Ohio partnered with the national Drive Sober or Get Pulled Over campaign, which utilized more than 8,400 hours from the highway patrol and nearly 100 other law enforcement agencies.

This enhanced effort was meant to deter impaired drivers, and to also increase the number of police officers patrolling the road during one of the busiest travel weekends of the year.

"Impaired driving is a serious matter, and the patrol takes a no-excuses approach to addressing it," Col. Paul A. Pride, the patrol's superintendent, said in a statement. "Law enforcement will be out in full force to remove dangerous drivers from Ohio's roadways so you and your family can arrive home safely."

With over 34 million people traveling during this holiday weekend, it is essential to dedicate a sober driver. Along with increased traffic patterns and a stronger police presence comes greater opportunities for a DUI arrest.

over 34 million people will travel on labor day weekend.

Race for a great cause at the Labor of Love event

Bring the family to Rocky River High School for some exercise on Sunday, September 6 to enjoy a four mile or two mile run, and walkers can join in with a two mile walk.

This event marks the third annual race for Our Lady of the Wayside, an organization providing support to 600 children and adults with developmental disabilities. Almost 50 years old, Our Lady of the Wayside manages over 65 homes in more than 30 communities throughout Cuyahoga, Lake, Lorain and Medina counties.

Lipson O’Shea Legal Group is proud to sponsor this incredible event, and invites you to join this year’s race, featuring Q104 host Average Joe.

Increase in traffic deaths prompts new road-side messages

Ohio has recently started an initiative focusing on safer driving with the creation and placement of 130 permanent signs to spread traffic safety messages such as “Drive Sober” or “Get Pulled Over.”

The prompting came from an increase in traffic deaths which totalled 487 this year, 19% higher than in 2014.

The Ohio State Highway Patrol and the Ohio Department of Transportation have joined forces on this initiative, which utilizes ODOT digital message boards to rotate between two messages: the year-to-date number of traffic deaths of 2015 and a traffic safety message such as Drive Sober or Get Pulled Over.

It is no secret that driving while impaired significantly increases the risk of an accident for the driver, and for others on the road. During this past May, fatal crashes involving alcohol tripled, making the month of May the worst number of traffic deaths in a decade.

The message boards were posted before the July Fourth weekend, with the goal of spreading awareness and caution to any traveler considering drinking and driving. Last year, the Ohio State Highway Patrol made over 760 OVI arrests just in the four days surrounding July 4th.

July 4th Brings Fireworks and Risks of Personal Injury

On average, 230 people go to the emergency room every day during the month of July from fireworks injuries.

Westlake recently suffered a significant set back during their fireworks display at Liberty Fest, in which fireworks bounced off the roof of a Crocker Park building and injured nine people attending the public display. Westlake Mayor Dennis Clough, who attended the celebration, said the injuries were mostly ember burns and bruises.

While the cause was believed to be a product defect, a personal injury lawsuit could be filed if the company, American Fireworks, was found to be negligent. There are two areas of liability to examine when looking at fireworks claims and lawsuits. One is products liability and the other is the liability on the part of the person who ignited the fireworks.

The Consumer Product Safety Commission reported that last year, more than 10,000 people were injured in fireworks-related incidents. It is always wise to understand the risks involved when personally igniting, or watching a public fireworks display.

Spending patterns in a spouse may indicate they are preparing for divorce

Monitoring how your spouse spends money may be able to tell you if they are preparing to file for divorce.

TIME magazine recently identified 11 changes in a spouse’s spending behavior that may imply the spouse is seeking a divorce. Based on the article, these financial changes occurring during a marriage can indicate an impending divorce.

1. Argues about money.

2. Seems to be hiding money.

3. Has no explanation for why money is missing.

4. Has stopped direct deposits to your joint bank account.

5. Puts you on a budget and demands an accounting of all of your spending.

6. Makes large cash withdrawals.

7. Pays for his/her own credit card bills — or has his/her mail sent to the office.

8. Goes on more business trips than usual and has greater travel and entertainment expenses.

9. Blindsides you with gifts and trips.

10. Reduces contributions to savings or retirement. Excess cash is now spent or saved somewhere else.

11. Takes out loans because it is a “smart” financial decision during times of low interest rates.

These are based on changes in the way a spouse manages money, and suggests monitoring spending patterns to know in advance if a marriage is headed for divorce.

What is “reasonable suspicion” and how can it affect a DUI case?

Many drivers are not aware that a police officer must have “reasonable suspicion” in order to pull over a vehicle.

After being stopped for impaired driving, a police officer must then have “reasonable suspicion” that the driver is intoxicated in order to perform a field sobriety test. Without this “reasonable suspicion”, it is illegal for an officer to pull over a vehicle and to make an arrest.

A few examples of “reasonable suspicion” include: straddling the center line, an illegal turn, drifting from one lane to another, frequent braking and erratic driving. It is also important to understand that a DUI arrest can occur even when a driver is stopped for a completely different offense. For instance, a broken brake light would constitute sufficient grounds for a traffic stop. Once the officer suspects the driver is impaired, the field sobriety test is then administered.

It is essential to know what constitutes a legal traffic stop. Many times, even if a driver is in fact intoxicated, a DUI case could be dismissed if the officer did not have “reasonable suspicion” for the stop.

Lead poisoning exposure early in life increases risk for criminal activity

It is understood that lead poisoning poses great risks and can have life-long effects on children, but recent studies show that children who suffer from lead poisoning may also be more likely to engage in criminal activity as adults.

In a study by the University of Cincinnati, researchers found that, “lead sowed the seeds of their future," said Kim Dietrich, a neuropsychologist who has been following the group of nearly 300 people since they were born in the late 1970s. "It isn't conducive to behavior we associate with normal development, making smart decisions and success."

Featured in the Chicago Tribune, the study noted, “For those who had been exposed to lead as toddlers, even in small amounts, the MRI scans revealed changes that were subtle, permanent and devastating. The toxic metal had robbed them of gray matter in the parts of the brain that enable people to pay attention, regulate emotions and control impulses.”

Last month, a Tribune investigation found lead hazards in the same areas known for having high crime rates in Chicago. The importance of lead testing and prevention is not only beneficial and necessary for the health of the residents living in those areas, but also essential to prevent future crime rates from increasing in the neighborhoods.

Spousal Support Win

A mother of two children who was only married for three years had success in getting some spousal support.

She was trying to get on her feet by going back to school and working part-time. She knew she did not need it forever or for any significant time, and we obtained this spousal support in addition to the child support her ex-husband would have to pay.

DUI Reduction Case

Our client who had been accused of a DUI recently received a reduction.

At our request, once the prosecutor looked at the video of the client performing the field sobriety tests, they agreed with us that the client did well enough on the video.

What really helped here was our clear understanding of how field sobriety tests are to be administered and how one must perform on them. This is a very happy client, as he could have lost his job with a DUI conviction.