Legal Question in Civil Litigation in Ohio

Need help with Live-in Home Health Care Contract

What is Court of Competent Jurisdiction? I am trying to review a contract to hire a home health care agency for a live-in person for my mother. I have no idea what this sections means -- Client agrees that any civil damages arising out of the terms of services with XXXXX Health Care will be limited to the full price of their contract, If XXXX Health Care Providers is found to be liable for violating the terms of this agreement in a Court of Competent jurisdiction. I live in OHio but the contract is written by a company in Bowie MD.


Asked on 9/28/07, 4:47 pm

1 Answer from Attorneys
J. Norman Stark J. Norman Stark , Attorney, Architect

Re: Need help with Live-in Home Health Care Contract

Dear Reader: BE CAREFUL!!! Courts of Competent Jurisdiction are words of legal art, that is, it means, literally, any legal court, whether City, County, State or Federal Court. However, unless your contract states that any claim or dispute must be brought in an Ohio State Court (Common Pleas), or Federal District Court in Ohio, where the place of contract signed (by you), you may be tricked into having to file and contest your case in the home venue and jursidiction of the Maryland company!!!

Sorry for being so wordy but I had to try to explain.

Additionally, you must review all of the fine print in the contract to be certain you are afforded reasonable service, terms and protection to which you are entitled under the law.

I recommend you have an Attorney advise you ASAP, BEFORE you sign anything.

Good luck. Sincerely, J. Norman Stark, Cleveland, Ohio.

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Answered on 9/29/07, 9:23 am


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