Legal Question in Personal Injury in Ohio

My 82 yr old father has been advised by his cardiologist ( weak heart) ans his Opthamologist (macular degeneration & poor vision) that he can no longer safely drive a car. He will do what he wants regardless of medical advice and my objections. Can I be held liable for any accidents or injuries he causes because I was aware of the issues and was not able to prevent him from driving?

Asked on 3/09/11, 5:40 am

1 Answer from Attorneys

Howard Mishkind Mishkind Kuwlicki Law Co. L.P.A.

Legally you are not liable for the acts of your father unless you loan him your car in which event you could be held liable for negligent entrustment. If he has a car and has insurance you do not have a legal obligation to take action. On the other hand morally if you feel that he is a danger to himself and to others you can certainly take action by way of attempting to have a guardianship of his person opened in your county. I would check with a probate attorney on this point. The other suggestion is to contact the Bureau of Motor Vehicles on an anonymous basis and determine if there is any action that can be taken by the Bureau. The doctors do not have an obligation unless he has a seizure disorder in which event they could be held liable if his licence is not suspended until he is seizure free. I do not know of any obligtion legally on your part or on the doctors part. I certainly would check and see if there is anything you can do without causing your father to be angry with you.

Howard Mishkind

Read more
Answered on 3/09/11, 6:06 am

Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Ohio