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Posted:
May 16, 2013
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Personal Injury Cases in the News

Personal Injury Cases in the News

            San Angelo Standard-Times recently reported the settlement of a personal injury which lead to an inmate’s death by suicide. The suit alleged “police misconduct” in that County officials in Lindon County, Nebraska failed to properly monitor the inmate, as they knew or should have known that he was a suicide risk because he was trying to kill himself when arrested.

In Michigan, a constitutional claim against governmental offices may be prosecuted pursuant to 42 USC §1983. A theory of liability sometimes used is that police officers may not be deliberately indifferent to an inmate’s medical needs. Under the statutes, it is illegal under colors of authority to deprive a person of any rights, privileges, or immunities secured by the Constitution and other laws. Other types of claims may be predicated upon by Section 1983, such as excessive force, is an arrest and failure to secure needed medical attention. For instance, your writer is aware of one case in which the police knew that the person they arrested had swallowed cocaine to hide it. Despite that the police officer transported the arrestee to the jail instead on an emergency room. A significant settlement was reached after the inmate died from cocaine poisoning.

If you or a family member have a question as to whether your civil rights have been violated by police or other misconduct, call Guy Vining. All initial conferences are free of charge. In addition, these types of matters are handled by the firm on a contingency fee basis, so you will not pay a fee out of pocket. Guy Vining is pleased to assist you, and your interview is completely confidential.

 

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. His firm sees clients throughout the downriver communities of Rockwood, Gibraltar, Brownstown, Trenton, Grosse Ile, Woodhaven, Riverview, Southgate, Dearborn, Ecorse, Romulus, Taylor, and of course, Wyandotte.

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

 

     The old adage is wrong. It used to be said that every dog is entitled to one bite. In other words, no liability unless the owner knows of a dangerous propensity. However, that is not what the statute says. It provides for almost strict liability at MCL 287.351, which states:

 

“Sec. 1.(1) If a dog bites a person, without provocations 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 be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.

 

Sec. 1.(2) A person is lawfully on the private property of the owner of the dog within the meaning of this act if the person is on the owner’s property in the performance of any duty imposed upon him or her by the laws of this state or by by the laws or postal regulations of the United States, or if the person is on the owner’s property as an invitee or licensee of the person lawfully in possession of the property unless said person has gained lawful entry upon the premises for the purpose of an unlawful or criminal act.”

 

     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 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 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:
August 27, 2012
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Personal Injury Cases in the News

Personal Injury Cases in the News

The San Francisco Chronicle reported recently a large settlement in a case against a “distracted driver.” Specifically, the driver was preoccupied with texting and not paying attention to his duties of safe driving. The defendant- driver’s negligence caused catastrophic injuries including the loss of a leg.

At the Vining Law Group we have represented many, many accident victims of distracted drivers. The causes have ranged from applying make-up, dropping a cigarette, cell phones and the like. In Michigan an inattentive operator who causes personal injury and other damages from a collision is liable to pay for the losses caused. This is both at common law and for statutory violations. For instance, MCL 257.627 makes it unlawful to operate a vehicle in a manner that would not permit it to be stopped in the clear assured distance ahead; and, MCL 257. 626(b) makes it unlawful to operate without due diligence and circumspection so as to be likely to endanger others.

If you would like more information concerning your rights in automobile accidents or other personal injury matters, please feel free to contact Guy Vining for a free and confidential conference.

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.