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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A Longer Road to Finality: Michigan Supreme Court Restores NOI Tolling in Wrongful-Death Medical Malpractice Claims

For medical malpractice defendants, Ernest requires a more careful limitations analysis at the outset of any wrongful-death claim. A complaint filed outside the two-year period following issuance of the first letters of authority can no longer be presumed untimely because an NOI given during that period may toll the filing deadline under MCL 600.5856. Ernest…

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