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All posts tagged liability

Posted:
March 4, 2013
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Personal Injury Cases in the News: Falls and Black Ice

Personal Injury Cases in the News:
Personal Injury — Falls and Black Ice

 

Guy Vining of the Vining Law Group, PLC was able to settle a significant personal injury case caused by a store owner’s failure to use proper care in maintaining its parking lot. The good result was obtained because legal discovery disclosed another shopper was injured a few hours earlier. When that fact was discovered from the Defendant’s records subpoenas were issued to require that individual to give a deposition (a statement under oath).

 

The deposition was crucial because one of the important issues in such a case is notice. If the company in charge of the premises does not have notice of the hazard which caused the personal injury is near the Defendant can escape liability. In this case, however, the witness testified that she was injured due to icy conditions and reported it to the store management. Other records established that Plaintiff was injured about two hours later, and that in the intervening time, no de-icing agents were put down for the safety of customers.

 

 Icy winter conditions are a fact of life in Michigan. This means that shoppers and pedestrians must be careful. However, a shop owner owes a duty to help protect those that come to do business. The law provides that such a store owner should use reasonable care if they receive a notice of a hazardous condition. Although belittled on television and in comedy routines, there is nothing funny about slip-and-falls. These types of hazards are a leading cause of serious personal injury and even death.

 

If you or a loved one have been injured on a defective premises, call Guy Vining of the Vining Law Group today for a no-cost consultation.

 

[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 21, 2013
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Personal Injury Cases in the News: Product Defects

Personal Injury Cases in the News:

 

Product Defects

 

     On February 3, 2013 The Fresno Bee reported that a California resident was awarded $1,000,000.00 in the settlement of his personal injury case. His arm was crushed while he was working in a watermelon processing plant, forcing him to undergo several surgeries. While his condition is stable, it is likely that he will never be able to do labor again.

 

     In Michigan, there are certain laws that protect workers on the clock and those at home from potentially harmful products. It’s called product liability, as governed by MCL 600.2946. In such cases, one must be able to prove a few things, as outlined by Edward M. Swartz in “Proof of Product Defect“:

 

     “The plaintiff’s case rests on three issues of fact: whether there is (1) a defect, (2) a proximate cause, and (3) damages. The plaintiff’s use of the product may not be a separate issue, only evidence that a defect or proximate cause was not present.

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     A defect need not be only a broken part. The concept includes: improper design, improper choice of materials or components, failure to use safety devices, inadequate warnings, inadequate instructions, improper assembly and manufacture, and inadequate advertising and marketing. A defect may exist in any phase of production which may affect safety, including manufacture, assembly, design, materials, selection of component parts, inspection, packaging, instructions, warnings, promotion, certification, and testing.”

 

If you or a loved one have been injured by a potentially defective product, call Guy Vining of the Vining Law Group today for no-cost consultation.

 

[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.]