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A Michigan medical malpractice claim can occur in different ways: you can be injured during surgery, given the wrong amount of medication, or completely misdiagnosed. Qualified experts must testify as to the standard of care in almost any medical malpractice case. The standard of care is whether a similar doctor of the same specialty would have acted in the same…
General Motors installed defective ignition switches in over 2.6 million of its cars. Wondering how much an ignition switch even costs? Just more than half of a dollar: 57 cents. Don’t let the small price of the problem fool you, this is a serious recall; there have already been 13 deaths on account of the defective ignition switch. The million…
Have you taken a look at Michigan’s trampoline statute? Whether you have a trampoline in your own house or your kids enjoy using your neighbor’s, you should have a conversation about the duties imposed by this statute. Statutes like these make it much more difficult to sue someone for negligence because there’s a duty imposed by law that dictates what…
Digging around looking for April Fools’ Day material I found this criminal case; it’s a textbook example of what not to do on a day like today: April 7, 1970, [the] defendant entered the grocery store where she worked. He produced a toy handgun and stated, ‘This is a hold-up’. [The cashier] gave him the folding money from the register which…
First, let’s ask, what is a defective product? A defective product is a product that does not function according to its intended purpose because of a design or manufacturing flaw. A defective product can also be caused by a manufacturer’s failure to adequately label the product. A manufacturing flaw occurs when, for example, a bad hair dryer gets through production…
Goodwin & Scieszka has been handling Michigan dog bite cases for over 30 years. Michigan’s dog bite statute imposes strict liability on dog owners. If you were bitten, lawfully in the place that where you were bitten, and didn’t provoke the dog, then you’re likely entitled to compensation. Take a look at the Michigan dog bite statute: M.C.L.A. 287.351 287.351.…
Did you know that Michigan has a roller blading statute? It puts all skaters on notice of the inherent dangers associated with skating: 445.1725. Roller skating participants; acceptance of inherent obvious and necessary dangers Sec. 5. Each person who participates in roller skating accepts the danger that inheres in that activity insofar as the dangers are obvious and necessary. Those…
We’ve had cold mornings the past couple of days with the temperature staying well below freezing. Isn’t it supposed to be spring yet? According to Mlive.com, warming temperatures are concerning as isolated freezing rain will hit already cold roadways: Don’t cancel any plans. Just be alert and drive a little slower this morning when you first get into precipitation. Once…
March 31, 2014 is opening day for the Detroit Tigers! Since many Michiganders will be hitting their own fields to play baseball, we wanted to talk about the assumption of risk doctrine as a defense to certain civil law claims. First, let’s define the assumption of the risk doctrine: Participants in sporting activities are assumed to be aware of hazards…
While is doesn’t feel like it today, it is spring. This is the time of year to stretch your legs from their hibernation and take your dog out for a walk. Goodwin & Scieszka wanted to remind you of Michigan’s dog bite statute: 287.351. Injuries by dogs; liability of owners Sec. 1. (1) If a dog bites a person, without…