Michigan’s Dog Bite Laws

Michigan’s dog bite law is ensconced in Michigan Compiled Laws Annotated under MI ST 287.321 – 323. The law applies not only to dogs but to “dangerous” animals which are defined as any “animal that bites or attacks a person, or a dog that bites or attacks and causes serious injury or death to another dog while the other dog is on the property or under the control of its owner.” An exception to this definition is when an attack occurs when the injury victim is trespassing on the animal owner’s property or assaulting the animal’s owner, or if the person is tormenting or provoking the animal. If it is proven that the animal attacked without provocation or reasonable cause, it can lead to the destruction of the animal, and certain criminal and civil liabilities to the animal’s owner.

Under MI ST 287.351, the liability of the dog’s owner to a person who sustained injuries from a dog bite or attack depends on whether the dog was provoked, the actions of the owner, the location of the attack and the status of the dog bite victim. The website of law firm Ravid & Associates, P.C., of Detroit states that owners should provide training and place their dog under reasonable restraint. It there was no provocation or reasonable cause for attack, and the injured party was on public property or legally on private property as an invitee or licensee of the property owner, then the liability is clear.

A person found to be liable for an animal attack which results in death is subject to the Penal Code of Michigan (MCL 750.321) and is considered guilty of involuntary manslaughter. This carries a penalty of not more than 15 years in prison or $7,500 in fines, or both. In case of serious injury, the defendant is guilty of a felony and may go to prison for not more than 4 years, a fine of $2,000, a minimum of 500 hours community service, or any combination of the three. For less serious injuries, the charges can be dropped to a misdemeanor (not more than 90 days in prison, a minimum fine of $250 and at least 240 hours community service, or combination).

Aside from criminal charges, this breach of duty as an animal owner also exposes that person to civil action. If you have been injured from a dog bite through the negligence of the dog owner, you may be able to prove it in court and get compensation for your injuries. Consult with a dog bite lawyer in your area and get started.

The Numbers on Playground Injuries

If you have ever had your heart in your throat watching children nimbly skip from rung to rung on the monkey bars or squeal excitedly as they go 360 on the swing, then you will not be surprised to hear that in excess of 600,000 children in the US sustained playground injuries in 2012. More than a third fell from monkey bars and 151,000 sustained injuries from using the swing. Other playground equipment that have not been just a source of fun were seesaws (10,000 injured), slides (125,000) and others (56,000).

Ensuring the safety of children in playgrounds can be challenging. The use of protective padding on playground equipment and shock-absorbing ground covering (such as rubber mats) can greatly reduce the severity of the injuries children sustain in case of a fall. Climbing equipment is the site of more than half of all public playground injuries. It is also recommended that children play in age-appropriate (both type and height-wise) playgrounds as much as possible, and small children should be constantly supervised.

Most playground injuries occur in public playgrounds (75%) although most playground-related fatalities occur in home playgrounds, with about 57% due to strangulation. The Consumer Product Safety Commission state that children get strangled when the drawstrings of jackets or sweatshirts get caught in equipment.

It is extremely upsetting to think that a place of joy for children like a playground can also be a place of danger. There are laws in Michigan that addresses playground safety in childcare centers but nothing substitutes for appropriate adult supervision for young children. According to the website of Ravid & Associates, P.C., in Detroit, schools and childcare facilities have the responsibility to ensure that this is available when children are let loose in public playgrounds.

If your child sustained playground injuries due to negligence, you may have an actionable case. Consult with a child injury lawyer to know your legal standing and options for litigation.

The Elements of Premises Liability

Premises liability may seem like a lose-lose situation for property owners because all that has to happen is for someone to get hurt on the property to win huge sums in damages. But in fact, it is not at all easy to win in a premises liability case. According to the website of law firm Ravid & Associates, P.C., in Detroit, property owners have to keep their property free of dangers that may unnecessarily put people at risk of injury. However, there are elements that must be present in any given situation to have an actionable premises liability case.

But before going into that, some explanation of terms is needed to provide clarity:

  • Premises liability – duty of care of property owners or occupiers (possessor) in providing protection to individuals from injury; it is a direct consequence of a condition of the property which results in injury to individuals who are present on the property. This duty may extend to any public area immediately adjacent to the premises such as sidewalks and roads, and may not be delegated to a third party i.e. maintenance company to escape this duty of care
  • Possessor – a person or entity in occupation of the premises with the intention of controlling it; a possessor is not necessarily the legal owner of the premises
  • Invitee – status of an individual who enters the premises on the express or implied invitation of the possessor for business or commercial purposes i.e. shopper in a grocery
  • Licensee – of an individual who enters the premises on the express or implied authorization of the possessor for purposes other than business or commercial i.e. party guest
  • Trespasser – of an individual who enters the premises without the express or implied invitation of the possessor

In order for a plaintiff to successfully sue for compensation for injuries sustained on a particular property against a specific defendant, there are 6 elements that must be present.

  • The plaintiff is an invitee or licensee and not a trespasser
  • The defendant is the possessor of the premises
  • There was a potential for harm of an unreasonable level resulting from the condition of the premises
  • There was knowledge, or a reasonable expectation of knowledge, by the defendant of the risk of harm
  • The defendant breached the duty of care by failing to give adequate warning about the potential of danger and failing to rectify the condition that would have ensured the reasonable safety of the property
  • The defendant’s breach of duty is the proximate cause of the injury to the plaintiff

These six elements make it very difficult for a plaintiff to prove that the defendant may be charged with premises liability. In many cases, a trial results in a defense verdict because one or more of the above elements are not present. If you believe that the possessor of a property where you sustained an injury fulfills the conditions for premises liability, consult with a premises liability attorney to get legal advice. Without the expert knowledge of an experienced lawyer, you are unlikely to win a premises liability case at trial.

Consequences of Dog Bites

Under Michigan’s strict liability law, owners of dogs are vulnerable to personal injury lawsuits because it only takes one instance of an unprovoked attack to put them at fault. It does not matter if the dog has no previous record of dog bites or that there has been any warning that the dog could turn dangerous. If the dog bites an individual who is on public property or legitimately on private property as a licensee or invitee and without provocation, then that is considered an instance of negligence.

According to the website of Detroit law firm Ravid & Associates, P.C., dog owners have the responsibility to ensure that their dogs are properly restrained when on public property or when there are other people on their property who have permission to be on the premises. Even small dogs who may seem harmless can deliver a nasty bite which can result in relatively minor injuries which can later develop complications such as rabies or other infections. At the very least, such dog bites can leave scars.

Larger dogs are more difficult to restrain, so they should be given the proper training to make them easier to control. Large dogs are potentially more dangerous and can cause serious injury or death if they attack a person. Serious injuries include nasty gashes or gouges that will leave permanent and disfiguring scars, broken bones that may not heal properly, amputations, profuse bleeding, and the dangers of infection. Dog owners have no right to expose others to unreasonable risk of harm, and should take steps to ensure that they have complete control over them.

If you or someone close to you has been a victim of dog bites, bring your case before a dog bite lawyer and get their legal advice. Dog owner who will not live up to their responsibilities should be made to pay for their negligence, not you.

The Lowdown on Seller Insurance Fraud

It is not a new plot: a husband insures the life of his wife and then murders her for the proceeds. In movies and television, the husband doesn’t get away with it but in real life he probably does more often than we want to imagine. This is a type of insurance fraud, but it is buyer insurance fraud. When an insurance company twists the process to maximize profit, it can be considered seller insurance fraud.
Insurance fraud affects everybody, whether you are a shareholder or a policy holder, because it requires safeguards against fraud which in turn raises premiums. Seller insurance fraud, however, is much more personal than buyer fraud, because it affects vulnerable individuals rather than some nebulous company which can protect itself.

The most common type of fraud is the delay, deny and defend that legitimate insurance companies routinely practice when it comes to claims. According to the website of insurance fraud law firm Ravid & Associates, P.C., in Detroit, aggressive action is needed when insurance companies attempt to escape their obligations. However, there are other types of seller insurance fraud out there which one should be careful of because there is usually no legal recourse for them. These include:

  • Ghost companies – there ain’t no sich company. This is an outright scam, where policies are issued to policy buyers, but the company is not legitimate and likely to disappear like smoke at the first hint of a claim
  • Theft of premiums – policy holders normally deal with agents who come to them rather than going directly to an insurance company. It can happen that the premiums paid to the insurance company never make it, having been filched by the agent. This results in the policy lapsing and the loss of coverage, not to mention the loss of any premiums previously paid. Most insurance companies now favor direct deposits, but it can still happen
  • Churning – insurance agents make their money from first year commissions, so they make more money with new policies. What some agents do is to advise existing policyholders to cancel their existing policies and get new ones, often convincing them that it is in their best interest. In general, it is not.

If you believe that you have been a victim of insurance fraud, contact an insurance company fraud lawyer at once to know your options. If you have been dealing with a legitimate insurance company, you have a better chance of getting the protection you paid for.

The Bottom Line

Insurance is a business that is built on risk analysis and probabilities. Every instance of insurance fraud puts pressure on the business, whether seller or buyer fraud. For this reason, many companies build generous contingency funds to protect them against fraud, as well as other unforeseen events. While this is good from the investor’s perspective, it does unfortunately lead to your personal life insurance premiums being higher than they otherwise would have been, in a more honest world.

Dealing with Uninsured Motorists

Car accidents are among the many things that can really cause financial burden to those involved. Even a small dent on the bumper requires fixing, but a serious car accident can lead to devastating injuries and serious property damage. When people get into these accidents, getting compensation through insurance or a lawsuit is possible. However, there are times where others who are involved in the accident do not have insurance to cover the expenses.

Dealing with uninsured motorist, especially if they are the ones at fault or caused the accident in the first place, is a very difficult thing to deal with. Although in most states it is a requirement to have vehicle liability insurance, there are people who ignore the law and don’t have even basic coverage. Those applying for licenses can have insurance only for registration purposes, and then cancel their policy. In the hard economy today, more and more people are getting by with no car liability insurance.

When dealing with these types of people, it is always important to know the laws of your state. Getting help from a lawyer is always the best option. Certain states follow traditional tort laws regarding insurance, making anyone who was at-fault liable for compensation whether they have insurance or not.

For states that follow the no-fault law, each driver (or their insurance company) is liable to pay for the injuries inflicted or damages acquired despite who caused the accident. In these states, the no-fault law disables anyone from suing another person; nevertheless because everyone is paying for the damages then you are covered and compensated.

In either case, adding an extra on your insurance for underinsured or uninsured motorist can help cover the damages that can occur in case you have been in a collision with an uninsured motorist. This insurance coverage gives you the right to get compensation from your own insurance company to cover for your damages in such an event. Certain states require this type of insurance, and those who do not require them may need the notion to be elected when applying for insurance.

Dog Bite Liability Rules

Dog bites have become a common cause of many personal injury lawsuits. With millions of American households having dogs for pets, the probability of suffering a dog bite has increased as well, and this is mainly because of many pet owners not knowing the needs, characteristics, and temperament of the dogs that they acquire. Poor training and lack of understanding of their needs is what can cause dogs to become aggressive and attack innocent people.

States have their own rules regarding dog laws and owner’s liability. There are, however, two main laws that generally govern over the liability of each dog owner, along with their responsibilities once their pet/pets have bitten another person:

  • The Strict Liability Rule – this rule states that every owner is responsible for any injury that their dog has done to another person. The basic premise of this rule is the simple ownership of the dog. States where this rule applies consider that even if you are not negligent of your dog, unaware of their tendencies, and have not violated any dog laws, if you have been determined to be the owner gives you the legal responsibility of compensating the person your dog have bitten.
  • The “One-Bite” Rule – states that follow this rule permits the owner of the dog to not be liable for a dog’s first dog bite or injury to another person as long as the dog owner has not been negligent in controlling the dog. However, this rule does not protect the owner from liability if the owner violates any protective dog laws such as required dog leashes, etc. Because of the many actions and behaviors that can constitute to a dog’s propensity, many states have been trying to use the Strict Liability Rule rather than this one.

Dog bites can cause not only physical pain and mental anguish to its victim; a serious dog bite can leave the victim with financial burdens that can be hard to deal with. Serious dog bites can be compensated, therefore finding a helpful and personal injury lawyer specializing in this area is the best way to help in acquiring the necessary financial help and to ensure that the dog will not be able to cause harm to others in the future.

Alcohol and Boating Accidents

Boating accidents have been on the rise, and statistics show that as of the year 2010 a total of 4, 604 boating-related accidents have been reported. Of these reported accidents, there have been 672 deaths. Majority of these deaths are because of drowning, mainly from not wearing life vests. One of the leading factors in these accidents is alcohol. Boating under the influence accounted for 125 lives in 2011 alone.

What makes alcohol more dangerous while on the boat is that it easily impairs the senses. The marine environment – vibration, motion, engine noise, wind, sun and spray – can all affect and speed up the effects of alcohol. Alcohol-impaired people operating a marine vessel, whether it is a canoe to bigger boats, may feel fatigued and lead to lack of coordination, misjudgment, and slower reaction.

It is impossible to ban any water activities; therefore it may be better to impose certain rules and safety regulations when it comes to boating and other water activities. There are ways to avoid boating under the influence:

  • When having a party, only bring non-alcoholic drinks, and bring plenty of food and snack. Avoid bringing any alcoholic drinks, and also realize that intoxicated passengers can also pose a threat to the whole crew.
  • If alcohol is necessary, plan to have the activity on the shore or at the dock, or any places on land.
  • When drinking off the boat, make sure you have enough time for the alcohol to wear off before going aboard the boat again.
  • Make sure to have enough rest when planning and operating a marine vehicle. Fatigue is quick to occur on a boat.

The website of law firm Ravid &Associates points out that the penalties for boating under the influence include large fines, imprisonment, and/or revocation of license. Every state has laws against boating under the influence, therefore once apprehended an operator can be put in a very disadvantageous position. Although there are authorities who enforce maritime safety regulations, there are sadly a lot of people who still don’t follow these regulations while others are not even aware of these laws.

How Filing a Medical Malpractice Lawsuit Can Help

Personal injury stemming from medical malpractice has been on the rise for the last couple of years. Doctors, although being seen as some of the most intelligent and respected professionals in the working world, often make mistakes can lead their patients to more life-threatening complications and even death. These medical mistakes can be compensated if the victim or their families are able to file a successful medical malpractice or personal injury lawsuit.

Misdiagnoses and improper treatment are just among the many types of medical malpractice that professionals in the medical world often commit. It often goes down to professional negligence when they end up misdiagnosing or treating their patients with the wrong medications. They are usually made because doctors misread test results, dismiss signs and symptoms, or are too preoccupied with other things to concentrate of their patients.

If a competent doctor has arrived in a different outcome and gives a better result, or if the treatment is not something a competent doctor would diagnose, then the patient can file a lawsuit against the doctor who has made the wrong diagnosis or improper treatment. Furthermore, it is the patients’ right to know and the doctor’s job to explain the risks of any procedure, treatment or medication that can occur when the diagnosis has been done.

Medical malpractice is something that needs professional legal advice when it will be presented in court. Patients should explain the extent of the damage or injury that the doctor’s negligence has inflicted, including (but not limited to) physical pain, anguish, medical bills, and lost earnings. Aside from the emotional and physical pain, most patients also feel financially burdened by the medical malpractice injuries, which is why compensation is necessary to help get them back t their feet again.

Some people are concerned that filing a medical malpractice lawsuit can drive up everyone’s health care cost. This is not true. Insurance companies tend to increase the premiums in order to gain profit and that is something that the government, and not the people, should tackle. If people fall victims of medical malpractice, then they have the right to file for a lawsuit and get compensation.

Types of Dental Malpractice

Not everyone is fond of going to the dentist. Often, people associate it with pain; however going to the dentist is still a requirement to ensure the oral and dental health. Dentists ensure that teeth and gums are taken care of, maintain the health and treat any damages that have been done. Once you are in the dentist’s reclining chair you put all your trust in him, knowing that you will be taken care of.

Although we hope for everything to end up fine, some things can go awry and injuries can happen. Even professionals can’t guarantee all things will go as planned. As mentioned on the website of Ravid & Associates, P.C., medical malpractice can come in many forms. Dental malpractice is just among the many personal injuries that many people have file lawsuits for. Among the mistakes made by dental professionals are:

  • Anesthesia accidents – often dentists give the wrong dosage of anesthesia to their patients, which can then lead to the patient being to feel the pain or end up numb for a long period of time.
  • Improper extraction of teeth – there are times where the dentist fail to properly extract the damaged tooth, some unnecessary teeth, or they can end up pulling the wrong tooth.
  • Dental complications – wrong extractions, completed crowns or bridges, and other dental procedures can end in complications if done incorrectly. Infections and paresthesia can also be an issue.
  • Delayed diagnoses – serious disease that dentist overlooks can end up life-threatening. Failure to notice the signs and symptoms of these diseases, or even failing to refer the patient to a specialist can be grounds for a dental malpractice lawsuit.

Dental malpractice lawsuits can be difficult to process, as certain criteria should be met before it can qualify as a case. The injury should be substantial; it should be calculable and of a certain significant enough degree to can be compensated when it will be presented to the court. Varying laws of the state can cause it to be more confusing, therefore consulting a lawyer would be the best recourse. If your dentist has failed to follow proper clinical practices called for by their profession, then they can be held liable for a lawsuit.