No Ownership, No Control, No Causation

Postlewait illustrates the importance of identifying ownership, control, and causation when evaluating claims arising from an accident on a public sidewalk adjoining private property. An abutting landowner is not automatically responsible for every condition existing on a public sidewalk. A plaintiff must establish a legal basis for imposing a duty, including evidence that the landowner…

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Give Chance a Chance–Provocation in Dangerous Animal Cases Under MCL 287.321 is Assessed on a Wholly Objective Standard

For the first time, Michigan’s Court of Appeals has established binding precedent on the meaning of the provocation exception that can prevent an animal from being classified as “dangerous” and, therefore, subjected to euthanasia under MCL 287.321, et seq. That is, provocation under the dangerous animal statute is analyzed under a “wholly objective standard,” similar…

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