The difference between intentional torts and negligence claims centers on the actor's state of mind. The standard for determining whether a person's conduct was negligent is objective - whether the actor's conduct falls below that which we would expect from a reasonable person. This is commonly referred to as the reasonable person standard. For intentional torts, however, the test is more subjective, and asks whether the actor intended the action or result.
In yesterday's post, we discussed under what circumstances a child could be held liable for their own acts of negligence. Today we tackle the issue of when and under what circumstances a parent can be liable for the acts of their children.
In Michigan personal injury cases, there are two types of damages, economic damages and non-economic damages, that an accident victim can recover after they have suffered injuries as a result of someone else's negligence. Achieving a settlement that fairly compensates an accident victim is predicated on precisely determining the amount of economic and non-economic damages her or she has suffered.
The Michigan Liquor Control Code of 1998 (Dram Shop Act), provides a cause of action against a retail licensee who unlawfully serves alcoholic beverages to an intoxicated person or minor, and which results in injury, death or property damage to an innocent third party.
Learn more about Michigan's open and obvious doctrine, which threatens to bar many deserving Michigan slip and fall claims and prevent victims from receiving compensation for their injuries.
The state of Michigan hosts millions of visitors each year. With so many out-of-state drivers on Michigan roads, car accidents involving non-Michigan residents are bound to occur. But how does Michigan's no-fault law apply to non-Michigan residents?
Dogs are wonderful companions, but the fact is, dog bites occur and can result in serious injuries. Under Michigan's dog bite statute, provocation is the only defense to a dog bite claim. But what conduct constitutes sufficient provocation to relieve an owner of liability for the injuries their dog causes?
A new report from the Governors Highway Safety Association (GHSA) indicates that Michigan motorcycle accident deaths rose 23% from 2014 to 2015. The report based on preliminary data by state highway safety offices, reveals that there were 138 motorcycle fatalities in Michigan 2015, compared to 112 in 2014.
If a lawsuit is filed in your personal injury case, there will likely come a time during the discovery process when the opposing counsel seeks to take your deposition. For our Michigan personal injury clients, the plaintiff’s deposition is often the most difficult part of the case. While being the subject of a deposition will likely never be an enjoyable experience, knowing what to expect and how to prepare can help alleviate anxiety, and result in a proceeding that will improve the value of the case.
It is important to know and understand your rights when you or your loved one is a patient in the hospital. For instance, did you know that hospitals are required to provide appropriate treatment and screening to every patient who presents to the emergency room regardless of insurance coverage, ethnicity, or citizenship?
When you or your loved one requires medical care, it is a stressful and emotional time. Even if not an emergency situation, it is not uncommon to experience panic, anxiety and fear. As a patient or representative, part of the process will undoubtedly involve filling out hospital admission forms. But how carefully do you read what you sign? Could you unknowingly sign away your or your loved one’s right to a jury trial in the event that the hospital negligently causes injury?
Motor vehicle accidents can cause injuries to nearly every body part depending on the circumstances of the accident such as the speed at impact, location of impact, size and weight of the vehicles involved, and whether the occupants were wearing their seat belts. However, there are some injuries that seem to be more prevalent.
Your questions are very important. Call today and have them answered.
Call us at 248.430.8929
contact@metrodetroitinjurylawyers.com
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