Court of Appeals: No Liability in Toddler’s Plummet from Bleachers

By admin | November 29, 2022 | Comments Off on Court of Appeals: No Liability in Toddler’s Plummet from Bleachers

The statutory pronouncements of “gross negligence” serve an easily identifiable purpose under the law by defining the type of conduct that is deemed to be so morally unjustifiable or egregious as to strip defendants from immunity they might otherwise enjoy on public policy grounds. Here, in discussing the gross negligence standard of care, the Court…

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COA: What is a Ski Run? Ski Resort Not Responsible for Fatal Injuries to Skier Who Left Ski Area

By admin | November 23, 2022 | Comments Off on COA: What is a Ski Run? Ski Resort Not Responsible for Fatal Injuries to Skier Who Left Ski Area

A ski-area operator is not charged by law with the impossible task of making its ski runs or every allegedly “skiable” area at its facility “accident proof.” Ski-area operators are not absolute insurers of safety, particularly with regard to those skiers who intentionally or inadvertently ski off the path or route expected to be used…

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Hit, Stop & Run? Court of Appeals Defines “Hit and Run Vehicle”

By admin | November 22, 2022 | Comments Off on Hit, Stop & Run? Court of Appeals Defines “Hit and Run Vehicle”

Uninsured motorist coverage is optional, so ambiguities are resolved by looking to the language of the policy and its common understanding. In doing so, the Wasik Court defined “hit and run vehicle” as a “vehicle that hits another vehicle and the driver leaves the scene of the accident” at any time before there “is an…

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Failure to Enforce Rules Will Come Back to Bite You

By admin | November 14, 2022 | Comments Off on Failure to Enforce Rules Will Come Back to Bite You

Landlords can be held liable for their negligent failure to enforce their own rules and regulations involving animals on leased premises. If the landlord has rules (including prohibitions against certain breeds), it must enforce those rules or potentially be liable if the animal attacks someone. To access the full article, click here: http://bit.ly/3Gi67vf    

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Tripped Up By Recent Rulings Chipping Away at Michigan’s Open and Obvious Doctrine? Hold On, There’s Still Hope

By admin | November 10, 2022 | Comments Off on Tripped Up By Recent Rulings Chipping Away at Michigan’s Open and Obvious Doctrine? Hold On, There’s Still Hope

  While we all hold our collective breath for the Michigan Supreme Court to make its latest pronouncements on the future of the open and obvious defense in Michigan, the Michigan Court of Appeals and trial judges often still apply the open and obvious defense when merited.  In this case, Plaintiff did not know what…

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