Generally speaking, Michigan has complete civil (tort) immunity regarding governmental functions that cause injury. But, there are some scenarios in which you’re eligible to bring a cause of action and make the government a defendant. If the state is acting in a proprietary function – this is defined as an action that derives a profit
Emotional distress, as you might imagine, occurs when a person’s conduct causes another person’s severe distress. Depending on the relationship between the parties and the way in which the severe distress was caused, there are different avenues of recovery for a plaintiff. Intentional infliction of emotional distress, despite its name, covers both intentional and reckless
Defamation encompasses both libel and slander. A libelous statement is written and a slanderous statement is spoken, but both fall under the broader category known as defamation. Defamatory statements can happen in person, behind your back, or online. What does it take to prevail on a defamation claim? In Michigan, someone pleading defamation must prove:
- Published in Goodwin & Scieszka
A 3rd party claim is a claim made outside of your insurer. To sue, you must meet Michigan’s threshold statutory requirement, which includes: • Death • Permanent disfigurement • Serious impairment of a bodily function These are the scenarios you’ll encounter by suing another driver: • Covered party suing another covered party: when both parties
Hello, let’s start with some basics: what’s a premise? A premise is any piece of land or property: a business, your home on a Sunday night for a party, the local park down the street, your school, etc. Landowners owe a duty to the people that enter their land. Depending on the type of land
Take a look at the Michigan dog liability statute: 287.351 Person bitten by dog; liability of owner. Sec. 1. (1) If a dog bites a person, without provocation while the person is on public property, or lawfully on private property, including the property of the owner of the dog, the owner of the dog shall
Welcome to another exciting conversation about Michigan No-Fault insurance! Have you ever asked, “I have insurance, but when can I sue someone who’s injured me?” As we’ve discussed, a 1st party claim is a claim against your own insurer to compensate you for your injuries and property damage. That’s why you bought insurance — for
For the last couple days, we’ve been discussing the statutory No-Fault Insurance policies that all Michigan drivers are required to have. Today let’s talk money: what do you get when you’re involved in a serious car accident? More specifically, what can you collect from your insurer? First things first, there are no pain and suffering
Yesterday we sparked a conversation about the Michigan No-Fault Act, which mandates that all Michigan drivers have No-Fault insurance benefits. To recap: • You must meet the statutory threshold to sue in civil court: death, permanent disfigurement, or a serious impairment of a body function • There’s mandated coverage protection: -$20k per person -$40k per
In Michigan, the No-Fault Act governs automobile liability insurance and provides No-Fault benefits such as wage loss, replacement services, and medical bills to people injured in motor vehicle accidents without having to prove who was at fault. The Act reduces minor lawsuits by disallowing tort (civil lawsuit) actions between a “covered” plaintiff and “covered” defendant,
- In a surprise decision, the jury hearing the ca...
- In a state like Michigan, winter driving isn’t ...
- If you’re a small business owner, there’s nothi...
- Newborns very often have at least one type of m...
- Kicking a smoking habit is a great way to lead ...