4511.19 Operating vehicle under the influence of alcohol or drugs - OVI. (A) (1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply: (a) The person is under the influence of alcohol, a drug of abuse, or a combination of them. (b) The person has a concentration of eight-hundredths of one per cent or more but less than seventeen-hundredths of one per cent by weight per unit volume of alcohol in the person's whole blood.
Thus, as the law has defined the duty to mitigate, the duty is to oneâs self, to maintain oneâs income and position in industry. The fact that there is an economic benefit to the dismissing employer is thus collateral damage.
However, there is a split in the authority as to the question of foreseeable danger (harm that the defendant could have reasonably predicted). For unforeseeable plaintiffs, the broad view is that the defendant owes the duty of care to anyone who is injured as a proximate result of his actions.one of Danger Doctrine: The doctrine allowing recovery of damages for people who were located in the dangerous area caused by the defendantâs negligence and who suffered harm as a result of the defendantâs negligence. Once it is established that there is a duty owed, we must determine to whom the duty is owed.