Who is Responsible When Both Parties Act with Negligence?

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Results That Speak
for Families We’ve Represented

Product Liability

$10.4M

Partner James A. Lowe won a landmark $10.4 million verdict against Ford Motor Company for a client rendered quadriplegic when her Explorer's seat collapsed upon rear impact — the recliner mechanism sheared off and she was thrown backward out of her seatbelt.

[1] Personal Injury, [2] Product Liability, [3] Defective Vehicles

Product Liability

$5.0M

A scrapyard laborer lost both legs above the ankles when struck by the bucket of a defective excavator operating without motion alarms in a dangerously confined yard, resulting in a $5 million settlement.

[1] Personal Injury, [2] Workplace Injuries, [3] Machinery Accidents

Product Liability

$4.3M

A truck driver was permanently blinded and severely injured when a defectively designed hatch lid on a tanker trailer failed to hold under pressure, drenching him in hydrochloric acid.

[1] Personal Injury, [2] Product Liability, [3] Defective Products

Truck Accident

$4.0M

Attorney Ryan Fisher secured a $4 million settlement for a driver who suffered a traumatic brain injury after being struck from behind on the highway by a semi-tractor operator.

[1] Personal Injury, [2] Motor Vehicle Accidents, [3] Truck Accidents

Car Accident / DUI Accident

$3.0M

A laborer setting traffic barrels at a nighttime construction site was struck by an intoxicated driver leaving a Cleveland Indians game, suffering serious brain and orthopedic injuries — multiple insurers ultimately contributed to a $3 million resolution.

[1] Personal Injury, [2] Motor Vehicle Accidents, [3] Drunk Driving Accidents

Medical Malpractice

$2.5M

In possibly the largest malpractice verdict in Butler County history, Lowe Trial Lawyers won a $2.5 million judgment against a surgeon whose negligence caused a patient to bleed to death during a cardiac procedure.

[1] Personal Injury, [2] Medical Malpractice, [3] Surgical Errors

Motorcycle Accident

$2.3M

Attorney Ryan Fisher secured a $2.3 million settlement for a husband and wife riding a three-wheeled motorcycle who were T-boned by an SUV driver who ran a stop sign — and a security video proved the driver's fault.

[1] Personal Injury, [2] Motor Vehicle Accidents, [3] Motorcycle Accidents

Medical Malpractice

$2.0M

During a routine childbirth, a physician failed to recognize clear signs of fetal distress on the monitor strips, resulting in a newborn suffering a traumatic brain injury that was entirely preventable.

[1] Personal Injury, [2] Medical Malpractice, [3] Birth Injuries

Medical Malpractice

$2.0M

A family physician's misreading of a chest x-ray led to a tuberculosis diagnosis instead of lung cancer, causing a critical two-year delay in proper treatment that cost the patient dearly.

[1] Personal Injury, [2] Medical Malpractice, [3] Cancer Misdiagnosis

Product Liability / Car Accident

$1.6M

A defective seatbelt design allowed a teenage girl to be ejected from the vehicle during a rollover, causing life-altering paralyzing injuries — and Lowe Trial Lawyers held the manufacturer responsible.

[1] Personal Injury, [2] Product Liability, [3] Defective Vehicles

Product Liability / Wrongful Death

$1.5M

A defective latch-type handle on a commercial refuse truck allowed the passenger door to inadvertently open while in motion, resulting in a passenger's death when he was pulled under the vehicle's tires.

[1] Personal Injury, [2] Wrongful Death, [3] Vehicular Fatalities

Workplace Injury

$1.45M

Attorney Ryan Fisher secured a $1.45 million settlement for a client who suffered a serious workplace injury, recovering full compensation for medical costs, lost income, and the permanent impact on quality of life.

[1] Personal Injury, [2] Workplace Injuries, [3] Industrial Accidents

Medical Malpractice

$1.2M

Lowe Trial Lawyers secured a $1.2 million trial verdict against a surgeon who failed to timely recognize and treat post-operative complications, resulting in serious and preventable harm to the patient.

[1] Personal Injury, [2] Medical Malpractice, [3] Post-Operative Complications

Workplace Injury / Traumatic Brain Injury

$1M+

A factory worker suffered a traumatic brain injury due to defective and dangerous safety equipment at his plant, and Lowe Trial Lawyers recovered more than $1 million on his behalf.

[1] Personal Injury, [2] Workplace Injuries, [3] Industrial Accidents

Medical Malpractice

$900,000

An emergency room physician failed to recognize the signs of an impending heart attack and discharged the patient prematurely — the patient went home and died of the cardiac event the ER doctor missed.

[1] Personal Injury, [2] Medical Malpractice, [3] Heart Attack Misdiagnosis

Car Accident

$800,000

Lowe Trial Lawyers obtained an $800,000 settlement for a client who sustained serious injuries in an automobile accident in Ohio, recovering compensation for significant medical costs and lasting impact on quality of life.

[1] Personal Injury, [2] Motor Vehicle Accidents, [3] Car Accidents

Construction Accident / Truck Accident

$635,000

A Cuyahoga County jury returned a $635,000 verdict for a traffic flagger whose shoulder was struck by a negligent truck driver at a construction site, leaving him with CRPS and permanent loss of arm use.

[1] Personal Injury, [2] Workplace Injuries, [3] Construction Accidents

Medical Malpractice

$600,000

After a hospital administered a dangerous excess of morphine following surgery and nursing staff failed to monitor the patient, a serious overdose caused respiratory depression and brain injury.

[1] Personal Injury, [2] Medical Malpractice, [3] Medication Errors

Construction Accident

$584,000

A Cuyahoga County jury awarded $584,000 to a construction worker struck by a vehicle on the job site, with the verdict adjusted to reflect a 30% finding of comparative fault attributed to the worker.

[1] Personal Injury, [2] Workplace Injuries, [3] Construction Accidents

Bicycle Accident

$550,000

Despite police citing the cyclist for the accident, attorney Ryan Fisher secured a $550,000 recovery for a cyclist who suffered orthopedic injuries when struck by a motorist — proving the driver's negligence despite the police report.

[1] Personal Injury, [2] Motor Vehicle Accidents, [3] Bicycle Accidents

Car Accident / DUI Accident

$500,000

After being seriously injured by an intoxicated driver, a young woman discovered her insurance agent had negligently failed to secure uninsured motorist coverage — and Lowe Trial Lawyers recovered an additional $500,000 from the agent.

[1] Personal Injury, [2] Motor Vehicle Accidents, [3] Drunk Driving Accidents

Workplace Injury

$225,000

A workplace injury left a client with permanent loss of use of a limb — Lowe Trial Lawyers pursued the claim through Ohio's system and secured a $225,000 award recognizing the lasting physical impairment.

[1] Personal Injury, [2] Workplace Injuries, [3] Industrial Accidents

Workplace Injury

$209,700

A workplace accident left a client with permanent functional loss of use of his left arm — Lowe Trial Lawyers built the case around the client's own testimony about daily pain and limitation, securing a $209,700 award.

[1] Personal Injury, [2] Workplace Injuries, [3] Industrial Accidents

Car Accident

$173,000

Lowe Trial Lawyers secured a $173,000 settlement for a client injured in an Ohio automobile accident, recovering compensation for medical expenses, lost wages, and the pain and suffering caused by the collision.

[1] Personal Injury, [2] Motor Vehicle Accidents, [3] Car Accidents

Premises Liability

$130,000

Lowe Trial Lawyers recovered $130,000 for a client injured on a homeowner's property due to the owner's failure to maintain reasonably safe premises, holding the homeowner accountable for negligence.

[1] Personal Injury, [2] Premises Liability, [3] Slip and Fall

Car Accident / Wrongful Death

Confidential

A mother driving with her two-month-old daughter was rear-ended by a pickup truck hauling thousands of pounds of steel; the vehicle erupted in flames — bystanders saved the mother, but the infant could not be rescued.

[1] Personal Injury, [2] Wrongful Death, [3] Vehicular Fatalities

Product Liability / Traumatic Brain Injury

Confidential

A 27-year-old graduate student suffered a permanent, catastrophic brain injury when an Iron Gym exercise bar fell from its mounting during use, sending him crashing to the floor — a product defect that partner James A. Lowe pursued to a confidential settlement.

[1] Personal Injury, [2] Product Liability, [3] Defective Consumer Products

Wrongful Death

Confidential

Shortly before trial, attorney Ryan Fisher secured a seven-figure settlement for three mentally challenged group home residents and a police officer burned in an arson fire after the caretaker on duty had fallen asleep and failed to alert them.

[1] Personal Injury, [2] Wrongful Death, [3] Fire Deaths

Wrongful Death

Confidential

Attorney Ryan Fisher secured a seven-figure settlement for the family of a man fatally electrocuted while working with equipment that was supposed to have been de-energized before he began work.

[1] Personal Injury, [2] Wrongful Death, [3] Workplace Fatalities

Product Liability

Confidential

A woman suffered major injuries when her vehicle suddenly accelerated and struck a parking garage wall — her airbag failed to deploy and her seatbelt failed to lock, throwing her violently into the steering wheel.

[1] Personal Injury, [2] Product Liability, [3] Airbag Defects

Product Liability / Wrongful Death

Confidential

An adult driver died when his vehicle's airbag deployed suddenly without any collision, causing him to lose control and leave the roadway — a clear product defect that Lowe Trial Lawyers pursued to a confidential settlement.

[1] Personal Injury, [2] Wrongful Death, [3] Vehicular Fatalities

Product Liability / Car Accident

Confidential

A young woman was rendered quadriplegic when her vehicle rolled over and her seatbelt — attached to the door — came open during the rollover, taking the seatbelt with it and leaving her completely unrestrained.

[1] Personal Injury, [2] Product Liability, [3] Defective Vehicles

Product Liability / Car Accident / Wrongful Death

Confidential

A defective seatbelt allowed its stitching to tear loose during a rollover, releasing an extra 15 to 20 inches of webbing and resulting in the wrongful deaths of both a husband and wife.

[1] Personal Injury, [2] Wrongful Death, [3] Vehicular Fatalities
[3] Medical Negligence Deaths
[3] Nursing Home Negligence
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Who is Responsible When Both Parties Act with Negligence?

It does not take special legal training to understand the basics of a negligence lawsuit: if someone negligently injures you, that party is responsible for making you whole for your injuries. Whether those injuries were caused by a defective product, medical malpractice, legal or professional malpractice, job site accidents, or a car accident, the underlying principle remains the same. People and businesses have an obligation to take certain precautions to minimize injuries to others and may be held liable if their failure to take those precautions actually causes injury to others.

This obligation, though, applies to injured victims as well. If you file a lawsuit to recover for your injuries, your own actions will be scrutinized. If you failed to act with due care, your own negligence may limit or preclude your ability to be compensated for your injuries, regardless of severity. That is why so many of the posts on this blog discuss safety tips and recommended courses of action; by doing your best to always take all necessary precautions, not only will you reduce your chance of injury but you will protect your right to recovery in the event that you are injured.

But the reality is that no one can take every precaution all the time. This means that many, if not most, personal injury lawsuits involve negligence on both sides. Even if you may have been partly responsible for your injuries, though, you should still contact an experienced personal injury lawyer if you have been injured.

Ohio law applies comparative negligence to personal injury cases. Under Ohio law, if you were injured by a combination of the negligence of others and your own negligence, you are not barred from recovery so long as your own negligence was not greater than 50% responsible for your injuries. If you were 50% or less responsible for your injuries, then you may still recover damages in proportion to fault. So, for example, if the court or jury determines that you were 40% responsible but the defendant was 60% responsible, your recovery would be 60% of your damages. If, however, you were determined to be 51% responsible, then you would be unable to recover compensation in court.

Unlike the high-level basics of a negligence lawsuit, assessing whether you were greater than 50% at fault in an accident is a fact-specific determination that requires the special training and experience that can only be provided by an attorney. If you have been injured—even if your actions contributed to your injury—contact the experienced Cleveland personal injury lawyers at Lowe Scott Fisher Co., LPA for a free telephone consultation.

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There’s no clock on grief. But there are deadlines on Ohio wrongful death claims. Tell us what happened — we’ll listen, and we’ll help your family understand what comes next. Your consultation is free.

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While our main office is based near Mayfield Heights, our personal injury law firm proudly serves clients throughout the state of Ohio, including Cleveland, Chardon, Lorain, Youngstown, and more than 88 other cities across the state.

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