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Posted:
February 20, 2013
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Personal Injury Cases in the News: Dog Bite Cases

Personal Injury Cases in the News:

Dog Bite Cases

 

     A good discussion of the law of dog bite cases is found in Hill v. Sacks, 256 Mich App 443 (2003). In that case, Plaintiff’s young child was awarded a judgment by a jury in Monroe County, Michigan. This judgment was reviewed by and affirmed (agreed to) by the Michigan Court of Appeals.

 

     The case was brought pursuant to the so-called dog bite statute, MCL 287.351. The Court of Appeals noted that the statute creates almost absolute liability against the owner of a dog for a bite unless the owner can establish “provocation.” Where the animal is not provoked the owner may not successfully argue that the injured person was partly to blame or what judges call comparative fault. In other words — unless there is provocation the victim’s comparative fault will not count as damages. Therefore, the Court of Appeals denied the owner’s appeal and held:

 

“Similarly, we conclude that the dog-bite statute does not allow for consideration of any comparative negligence on the part of the dog-bite victim, excluding possibly where the negligence may relate to the defense of provocation. The dog-bite statute by its clear and unequivocal language does not allow consideration of any negligence or fault, as that term is generally used, on the part of the owner of the dog. If the other considerations contained in the dog-bite statute are satisfied, there i no liability where provocation exists, and there is liability where provocation is lacking.” Bradacs, supra at 267.

If you or a loved one have suffered an injury from a dog, or other animal, you may have a remedy in court for monetary compensation. Guy Vining of the Vining Law Group, PLC has represented a dozen or more victims of animal attacks with settlements ranging from $15,000 to more than $300,000. Please feel free to call Guy Vining for a free and confidential appointment to discuss your rights.

[Guy Vining practices personal injury law from his Metro-Detroit office in Taylor, Michigan. He has represented clients in personal injury actions for over 25 years in such areas as: car, boat, motorcycle, and truck accidents; slip, trip, and falls including black ice and defective design; medical and dental malpractice, denial of insurance benefits for wages, medical and home assistance to automobile accident victims.]

Posted:
February 18, 2013
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Personal Injury Cases in the News

Personal Injury Cases in the News

 

     The Chicago Tribune on February 7, 2013 reported that a family of a man who died after a surgery filed suit. Specifically, the man under went surgery to repair a hernia and died 6 days later. The lawsuit alleges that the surgeon and the hospital were negligent in failing to properly monitor his condition and treat severe colon inflammation, thus creating a personal injury.

 

     In Michigan, medical negligence, a form of personal injury, cases are referred to as medical malpractice. Such suits allege that the medical professionals and institutions failed to do something that are outside of the standard of care under the circumstances of the case. Medical malpractice cases must be carefully investigated and promptly filed. The statute of limitations for such cases is only two years.

 

     If you or a loved on have a question about medical, dental, or other professional malpractice, just call Guy Vining. Guy Vining is a personal injury attorney who serves Metro-Detroit and the Downriver communities of Rockwood, Brownstown, Woodhaven, Grosse Ile, Gibraltar, Trenton, Southgate, Riverview, Wyandotte, Lincoln Park, Allen Park, Dearborn, Ecorse, Taylor, and Romulus. All initial consultations are free of charge and representation is on a contingency fee basis so that you will not have to pay attorney fees out of pocket.

 

[Guy Vining, a bankruptcy attorney, in metro-Detroit, maintains his office in Taylor, Michigan where he serves the downriver communities of Monroe, South Rockwood, Gibraltar, Brownstown Township, Grosse Ile, Woodhaven, Trenton, Southgate, Riverview, Allen Park, Lincoln Park, Dearborn, Dearborn Heights, Westland, Wayne, and Ecorse. If you or a family member of friend would like a no-obligation no cost consultation/financial analysis, just call or E-mail Guy Vining of Vining Law Group, P.L.C to schedule a meeting.]

Posted:
February 18, 2013
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Personal Injury Cases in the News: Bus Crash Lawsuit

Personal Injury Cases in the News:

 

Bus Crash Lawsuit

 

     Operators of public transportation, such as buses, owe special duties of care to their passengers. The Tacoma News-Tribune reported on January 6, 2013 that several victims of a fatal bus crash filed a lawsuit against the bus company for personal injuries. In the suit, the Plaintiff say the bus driver was traveling too fast on roads which were covered by snow and ice and overly fatigued from driving far too many hours the preceding week.

 

     Public transportation companies are responsible for the wrongful acts and omissions of their employees, and any personal injuries that may fall on their passengers from events like sudden stops or a bus crash. Members of the public have a right to be transported safely when the fee for transportation is paid.

 

[Guy Vining, a personal injury attorney, in metro-Detroit, maintains his office in Taylor, Michigan where he serves the downriver communities of Monroe, South Rockwood, Gibraltar, Brownstown Township, Grosse Ile, Woodhaven, Trenton, Southgate, Riverview, Allen Park, Lincoln Park, Dearborn, Dearborn Heights, Westland, Wayne, and Ecorse. If you or a family member of friend would like a no-obligation no cost consultation/financial analysis, just call or E-mail Guy Vining of Vining Law Group, P.L.C to schedule a meeting.]

Posted:
February 13, 2013
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Personal Injury Cases in the News

Personal Injury Cases in the News

 

     The Houston Chronicle recently reported on February 7, 2013 that the families of two teens have filed suit against the local police department for reckless endangerment, specifically, one teenager died and the other was seriously burned and injured by a speeding police car in pursuit of another vehicle.

 

     In Michigan, a policeman in lawsuit proof — immune — from liability generally pursuant to MCL 691.1401 the governmental liability act. This is so, as long as, the actions are not “grossly negligent.” Gross negligence is defined in the statute as “conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.” MCL 691.1407(7). This proof requires an “almost willful disregard of precautions or measures to attend to safety and a singular disregard for substantial rules.” Tarlea v. Crabtree, 263 Mich App 80, 90 (2004).

 

     If you or a loved one are injured by a police officer, firefighter, or other emergency vehicle operator, call Guy Vining.

 

[Guy Vining, a personal injury attorney, in metro-Detroit, maintains his office in Taylor, Michigan, where he serves the downriver communities of Monroe, South Rockwood, Gibraltar, Brownstown Township, Grosse Ile, Woodhaven, Trenton, Southgate, Riverview, Allen Park, Lincoln Park, Dearborn, Dearborn Heights, Westland, Wayne, and Ecorse. If you or a family member of friend would like a no-obligation no cost consultation/financial analysis, just call or E-mail Guy Vining of Vining Law Group, P.L.C to schedule a meeting.]

Posted:
February 11, 2013
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Personal Injury Cases in the News:

Personal Injury Cases in the News

 

     The Macon Telegraph on December 20, 2012 reported a suit filed over the death of a bicyclist. The family of the deceased bicyclist filed a suit against the driver of the car that hit him. The suit accuses the defendant of “failing to use a proper look-out, not exercising due care in the operation of a motor vehicle and violating the law by following too closely.”

 

     In Michigan the Motor Vehicle Code sets forth the proper standards for the safe operation of autos, buses, cars, trucks and motorcycles. A breach or violation of these standards which causes a personal injury accident may result in liability against the driver. All drivers need to be mindful of bicyclist and motorcyclists on the road and maintain a look-out for those who are more vulnerable and unprotected.

 

Guy Vining, an experienced personal injury attorney, in metro-Detroit, maintains his office in the city of Taylor, Michigan, where he serves the downriver communities of Monroe, South Rockwood, Gibraltar, Brownstown Township, Grosse Ile, Woodhaven, Trenton, Southgate, Riverview, Allen Park, Lincoln Park, Dearborn, Dearborn Heights, Westland, Wayne, and Ecorse. If you or a family member or friend would like a no-obligation, no cost, consultation/financial analysis, just call or Email Guy Vining of Vining Law Group, P.L.C. to schedule a meeting.

Posted:
February 11, 2013
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Personal Injury Cases in the News: Defective Road Injuries

Personal Injury Cases in the News:
Defective Road Injuries.

 

     Guy Vining was recently able to enter into a significant settlement, for a client, with a governmental agency involving a defective highway. The client-victim was a motorcyclist who, although operating his bike appropriately, was caused to fall due to wavy and defective pavement.

 

     Guy Vining was able to establish that the governmental agency was on notice of the defective condition and pursuant to MCL 691.1402 that liability should be imposed for failure to maintain the road in reasonable repair.

 

     If you or a loved one are injured due to defective roads, you must take action quickly. The law requires that you provide a statutory notice within 120 days (about 4 months) from the accident. This notice is required by MCL 691.1404 and if notice is not timely and properly given it will bar your legal actions. You will also need to move quickly to obtain measurements and photographic evidence and an expert witness knowledgeable of road defects such as longitudinal cracking, traverse cracking, alligator cracking, deep and long wheel rutts in black top and other irregularities.

 

     These conditions are particularly dangerous to bicyclists and motorcyclists. Please feel free to call for a no-cost consultation if you or a loved one were injured on a defective road or highway. You need to speak to a personal injury attorney immediately. At the Vining Law Group all telephone conferences and initial meets are free. Also, most personal injury representation is on a contingency fee basis, so that you do not need to pay out of pocked for legal fees to get the help you need.

 

Guy Vining, an experienced personal injury attorney, in metro-Detroit, maintains his office in Taylor, Michigan, where he serves the downriver communities of Monroe, South Rockwood, Gibraltar, Brownstown Township, Grosse Ile, Woodhaven, Trenton, Southgate, Riverview, Allen Park, Lincoln Park, Dearborn, Dearborn Heights, Westland, Wayne, and Ecorse. If you or a family member or friend would like a no-obligation, no cost, consultation/financial analysis, just call or Email Guy Vining of Vining Law Group, P.L.C. to schedule a meeting.

Posted:
September 19, 2012
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Negligence Cases in the News: Construction Accident Cases

Negligence Cases in the News:
Construction Accident Cases

In Michigan a general building contractor may be held liable for damages for personal injuries under certain circumstances. The very nature of construction work lends itself to the necessity of maintaining the safest work environment possible because of the propensity for crippling injuries and death. In a recent case, Guy Vining of the Vining Law Group was able to recover a significant settlement for an individual who was constructing her own home though the service of a general contractor.

In the case the home owner fell from a considerable height from an area that was left unguarded even though it was open to trade people and general laborers.

Specifically, it was alleged that a certain sub-contractor removed safety railings to perform its task but failed to reinstall it leaving a froseeably dangerous condition to exist. The evidence showed that the general contractor had retained control over the project but failed to inspect, discover and ameliorate hazardous conditions.

If you would like more information on construction injury cases call Guy Vining of the Vining Law Group. All injured workers are welcome for reliable and free consultations. These types of cases are normally prosecuted on a contingency basis so that you will pay no attorney fees unless settled to your satisfaction.

Guy Vining, an experienced negligence attorney, in metro-Detroit, maintains his office in Taylor, Michigan, where he serves the downriver communities of Monroe, South Rockwood, Gibraltar, Brownstown Township, Grosse Ile, Woodhaven, Trenton, Southgate, Riverview, Allen Park, Lincoln Park, Dearborn, Dearborn Heights, Westland, Wayne, and Ecorse. If you or a family member or friend would like a no-obligation, no cost, consultation/financial analysis, just call or Email Guy Vining of Vining Law Group, P.L.C. to schedule a meeting.

Posted:
August 30, 2012
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Negligence Cases in the News: Birth Injury Malpractice

Negligence Cases in the News
Birth Injury Malpractice

The San Francisco Chronicle has recently reported that a family from Staten Island, New York, was awarded $77,000,000.00 for birth injuries. Specifically, their daughter born 17 years earlier has suffered since birth a severe condition of cerebral palsy. Cerebral palsy is caused by oxygen deprivation to the fetus and results in profound and permanent handicaps to the child.

Hospitals and their staff are duty bound to monitor fetal health. When a breach of that duty results in an injury to a child, there is a claim against the staff and physicians and the institution responsible.

If you would like more information on medical or other professional negligence please feel free to contact Guy Vining. At the Vining Law Group, injured individuals are always welcomed to reliable and free consultation. These types of cases are normally prosecuted on a contingency fee basis so that you will not pay an attorney fee unless the case is successfully resolved.

Guy Vining, an experienced negligence attorney, in metro-Detroit, maintains his office in Taylor, Michigan, where he serves the downriver communities of Monroe, South Rockwood, Gibraltar, Brownstown Township, Grosse Ile, Woodhaven, Trenton, Southgate, Riverview, Allen Park, Lincoln Park, Dearborn, Dearborn Heights, Westland, Wayne, and Ecorse. If you or a family member or friend would like a no-obligation, no cost, consultation/financial analysis, just call or Email Guy Vining of Vining Law Group, P.L.C. to schedule a meeting.

Posted:
August 29, 2012
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Accident/Negligence Law: Defective Road Injuries

Accident/Negligence Law

Defective Road Injuries

Guy Vining has been legal counsel in many, many motorcycle, car, and truck crash/accident cases over the years. Elsewhere in the website you can read a lot of material about 1st party and 3rd party cases.

Vining Law Group has also represented motorcyclists and drivers in defective road cases. Many single vehicles and multiple vehicle crash/accident cases result from defective highways. Generally speaking, an individual may not sue the government for injuries because of a legal concept entitled “governmental immunity.” However, defective road cases are an exception to governmental immunity.

As the infrastructure deteriorates and local roads fall into greater despair and deterioration the hazards for motorists and, particularly, motorcyclists increase. Under MCL 691.1402 governmental units have a duty to maintain and reasonably repair roads so that they are reasonably fit and safe for public travel. This duty includes the responsibility to: inspect for possible damages, deterioration damage, repair, reinforce, correct and generally take reasonable precautions to protect motorcyclists and car drivers from foreseeable dangers.

If you or a loved one are injured due to a defective road you must take action quickly. The law requires that you provide a statutory notice within 120 days (about 4 months) from the accident. This notice is required by MCL 691.1404 and if notice is not timely and properly given it will bar your legal actions. You will also need to move quickly to obtain measurements and photographic evidence and an expert witness knowledgeable of road defects such as longitudinal cracking, traverse cracking, alligator cracking, deep and long wheel rutts in black top and other irregularities.

These conditions are particularly dangerous to bicyclists and motorcyclists. Please feel free to call for a no cost consultation if you or a loved one were injured on a defective road or highway. You need to speak to a personal injury attorney immediately. At the Vining Law Group all telephone conferences and initial meetings are free. Also, most personal injury representation is on a contingency fee basis so that you do not need to pay out of pocket for legal fees to get the help you need.

Guy Vining, an experience personal injury attorney, in metro-Detroit, maintains his office in Taylor, Michigan, where he serves the downriver communities of Monroe, South Rockwood, Gibraltar, Brownstown Township, Grosse Ile, Woodhaven, Trenton, Southgate, Riverview, Allen Park, Lincoln Park, Dearborn, Dearborn Heights, Westland, Wayne, and Ecorse. If you or a family member or friend would like a no-obligation, no cost, consultation/financial analysis, just call or Email Guy Vining of Vining Law Group, P.L.C. to schedule a meeting.

Posted:
August 29, 2012
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Accident/Negligence Law: Boating and Watercraft Injuries

Accident/Negligence Law
Boating and Watercraft Injuries

The San Jose Mercury News reported the death of a 16 year old girl in Hawaii which prompted a civil suit. The suit charged that a watercraft/jet ski crash was due to the negligence of another watercraft operator.

Guy Vining of the Vining Law Group has represented several injured individuals in the past in cases arising out of negligent operation of boats. It’s great to live in the Great Lakes area and enjoy water sport opportunities, however, individuals engaging in recreational activities are still held to a standard of care as to avoid actions which are foreseeably dangerous. In other words, an operator of a watercraft, just as the operator of an automobile, must operate in accordance with a duty to do so in a careful manner.
Due to the speeds often involved, as well as, wave and wind action, significant forces are often involved with boat and other watercraft accidents. Couple that with the absence of seat belts and other safety equipment and it is easy to see how negligent operations of boats and other watercraft equals a recipe for disaster. Mix in a bottle of cold beer or another alcoholic drink on a hot day and — a day which started with the broadest of smiles can end with a trip to the Emergency Room or worse.
If you or a loved one has been injured in a jet ski, boat, or other watercraft/boating accident and you would like to discuss your rights, call Guy Vining. Telephone conference and initial consultations are always free of charge. Usually, there is never an out-of-pocket attorney fee for personal injury cases as these matters are handled on a contingency fee basis.

Guy Vining, an experience personal injury attorney, in metro-Detroit, maintains his office in Taylor, Michigan, where he serves the downriver communities of Monroe, South Rockwood, Gibraltar, Brownstown Township, Grosse Ile, Woodhaven, Trenton, Southgate, Riverview, Allen Park, Lincoln Park, Dearborn, Dearborn Heights, Westland, Wayne, and Ecorse. If you or a family member or friend would like a no-obligation, no cost, consultation/financial analysis, just call or Email Guy Vining of Vining Law Group, P.L.C. to schedule a meeting.

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