Articles Posted in Negligence

accident reportIf you are injured on someone else’s property, including businesses and government property, you may want to hold the property owner responsible for the damages incurred due to your injuries. However, in order to recover you will need to prove certain specific things, discussed in more detail below. While cases like the one described here can illustrate some of the important points of Michigan personal injury law, only a knowledgeable Western Michigan personal injury attorney can tell you how your case is likely to play out in court.

Michigan Premises Liability

In order for the property owner to be liable for your injuries, the plaintiff must prove that the defendant was negligent. Negligence is defined as when one party owes another party a duty and they breach the duty, causing injury. Generally, business owners have a duty to keep the premises reasonably safe for customers. Of course, what is “reasonable” depends greatly on the facts and circumstances of the case. For example, this case revolves around a slip and fall in a gas station parking lot. What is reasonably safe in these circumstances is different than what may be considered reasonable in a junkyard or a restaurant.

There are some sports that are known to have a significant risk of injury, such as skiing or rock climbing. Under the tort law theory of inherent risk, people who voluntarily engage in these sports cannot hold anyone else accountable for injuries caused by the sport itself unless the negligence rises to a certain level. In other words, if you go skiing and break your leg, unless the owners of the ski resort were extremely negligent, you will probably not be able to sue them for damages. Without this heightened negligence standard for inherent risk, no ski resorts could operate because the costs would be prohibitive.Legal News Gavel

Facts of This Case

The Michigan Supreme Court heard a Michigan personal injury case related to inherent risk. In this case, two men were golfing. One was driving the golf cart when it collided with the other man. Their stories differ about whether the cart suddenly struck the injured man or whether the injured man jumped in front of the cart. For the purposes of this appeal, it was irrelevant which scenario was correct. Here, the court looked at whether being hit by a golf cart is an inherent risk of golfing, as the driver of the cart argued. Conversely, they could have found that being hit by the cart is not an inherent risk of golfing. Whether the risk is inherent or not is relevant because it determines the standard of negligence that needs to be applied. These cases are always extremely fact-specific, which is why it is so important to contact a skilled personal injury attorney as soon as possible after an injury.

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The Michigan Court of Appeals issued an opinion earlier this year applying the “open and obvious doctrine” to resolve a lawsuit brought by an injured employee. Contractors were working on installing a fire protection system in an Ann Arbor building and had left some of the cables on the floor during the installation process. A security guard was patrolling the area and slipped and fell on the cables. He was injured and brought suit, alleging negligence and premises liability. The lower court did not allow the claim to go forward by granting the summary judgment motion of the defendants. The Michigan Court of Appeals agreed with the lower court and affirmed the summary judgment ruling for the defendant.  If you are injured on someone else’s property, whether at work or not, you should contact an experienced Michigan premises liability attorney.

Standards of Proof

This case comes from a motion for summary judgment. This is a motion that a party can make at the beginning of a case. In order to win a motion for summary judgment, one party needs to prove to the judge that both sides agree on the general facts. Furthermore, they need to prove that the party who moved for summary judgment deserves to win as a matter of law.

Plaintiffs appealed an order granting summary disposition in favor of the defendant in a Michigan premises liability action involving an attack on the plaintiffs’ dog, Axle. The Michigan Court of Appeals affirmed.

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On May 13, 2015, the plaintiff brought Axle with her out into her backyard to do some gardening. Soon afterward, she left Axle out and went inside to retrieve some gloves. During her brief absence, the plaintiff heard barking at the back fence of her yard. She ran outside and saw Axle on the opposite side of her fence and two pit bulls “on top of him.” The plaintiff observed three or four men in the other yard, one of whom had a shovel and was attempting to beat the pit bulls off of Axle. The plaintiff also grabbed a shovel and cut her hand on the fence as she reached over to help. Eventually, they succeeded in stopping the attack. The plaintiff called Axle’s co-owner, and the two took Axle to a veterinary clinic for emergency care. Axle required specialty care about a week after the incident. Combined, the veterinary bills amounted to around $8,000.

Later, it was discovered that the two dogs belonged to one of several tenants living in the house behind the plaintiff’s backyard. The house where the tenant, his dogs, and his co-tenants resided was owned by their landlord, the defendant.

The Michigan Supreme Court recently reversed a decision from the Michigan Court of Appeals, holding the appeals court misapplied proximate cause law in determining whether the defendant proximately caused the plaintiff’s injuries.

Legal News Gavel In the fall of 2011, the then-13-year-old plaintiff was a member of the Chelsea High School cross-country team. Shortly after the season began, the coach held an early morning practice; it was the plaintiff’s first morning practice as a member of the team. The practice began at 5:59 a.m., when it was still dark outside. At the beginning of practice, the coach took the team off school grounds to run. During the run, the team approached an intersection with a two-lane highway. The “Do Not Walk” symbol was illuminated because the traffic light was green for the highway traffic. The coach and the group of runners with him stopped at the intersection. He saw a vehicle in the distance, but he determined that it was far enough away to safely cross. He instructed the runners to cross the intersection by stating, “Let’s go.” It was unclear whether all of the team members heard the instruction. Although most of the team safely crossed the road, a few runners in the back of the group were still in or near the roadway when the vehicle entered the intersection. The vehicle hit the plaintiff and one of his teammates as they were crossing the road. The plaintiff was severely injured, and he has no memory of the accident.

The plaintiffs, the victim and his parents, sued the coach and the driver. The coach moved for summary disposition under MCR 2.116(C)(7), asserting governmental immunity pursuant to the government tort liability act (GTLA). He also moved for summary disposition under MCR 2.116(C)(8) and (10). The trial court denied the defendant’s motion, stating that whether the defendant’s actions were grossly negligent and whether his actions were the proximate cause of the plaintiff’s injuries were questions of fact for the jury to decide.

A Detroit-area resident recently sued Delta Air Lines, arguing it negligently failed to protect her from being molested on her flight home from South Carolina in 2016. She filed the lawsuit in Wayne County Superior Court last month, asking for $10 million in damages.

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A 41-year-old man from Myrtle Beach, South Carolina was sentenced in March after pleading guilty to misdemeanor simple assault and indecent exposure. He was ordered to pay $1,000 in fines, pay $400 in restitution, and spend seven days in jail. The plaintiff claimed the defendant, a long-haul trucker, came over to the seat next to her and slipped his hand up her shorts. She told reporters she was trapped in her window seat and was “frozen with terror.” According to the lawsuit, the defendant told the plaintiff he liked white women and asked where her “man” was. She repeatedly told him to stop. Delta has declined to comment on the lawsuit. The company offered her $2,500 in ticket vouchers.

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Over five years after a man was beaten to death inside the Grand Rapids Home for Veterans, his family is finally getting closure. His survivors reached a financial settlement for $544,000 in their civil lawsuit against the state of Michigan. The state will also cover $281,000 in attorneys fees and court costs. Sadly, however, the victim’s wife, sister, brother, and daughter have all passed since the filing of the lawsuit. The settlement was approved by his other family members in Michigan.

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The victim, a World War II veteran who suffered from Alzheimer’s disease, was attacked in April 2012 by another patient. He passed away just days after the attack from injuries he sustained during it, and the Kent County medical examiner ruled it a homicide. The prosecutor, however, did not file criminal charges. The prosecutor reasoned that he did not wish to compound the tragedy by prosecuting the suspect, who was also in the advanced stages of Alzheimer’s and dementia. He concluded that prosecuting him in addition would accomplish nothing, particularly since he likely has no memory of the attack.

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A plaintiff, suing on behalf of his deceased son’s estate, appealed an order granting summary disposition in favor of the defendant school officials in a case stemming from his son’s suicide. The appeals court affirmed the lower court’s holding for the defendants.

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In March 2012, the son was a 17-year-old senior at Marysville High School when he was suspected of stealing a teacher’s laptop. Instead of contacting the police and pursuing criminal charges, as advised by the school district’s attorney, the matter was handled as a school discipline issue.

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A defendant appealed from the order of the trial court denying her motion for summary disposition under MCR 2.116(C)(7) (governmental immunity). The Michigan Court of Appeals affirmed the lower court’s judgment, holding that the plaintiff presented sufficient evidence to create a genuine issue of material fact on the elements of both gross negligence and proximate cause.

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The plaintiff brought suit after she sustained severe injuries to her hand while operating a table saw during a woodshop class that the defendant taught at Lakeville High School. She alleged that her injuries were caused by the defendant’s actions in removing a blade guard from the table saw, encouraging students to operate the table saw without the blade guard, and on the day of her injury, specifically directing the plaintiff to make a cut on the table saw that she had never before attempted without any supervision and without the presence of the blade guard.

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On behalf of a victim’s estate, a plaintiff sued A Forever Recovery, Inc. (AFR) and a specialist for ordinary and medical negligence. She appealed the trial court’s opinion granting summary disposition to the defendants, pursuant to MCR 2.116(C)(8). The Michigan appeals court affirmed.

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This case arose out of the victim’s seeking treatment at AFR for drug addiction. A Texas resident, he was 23 years old when he died. He underwent inpatient rehabilitation treatment at AFR in Michigan for several months in 2011.

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