Generally, the government is immune from tort liability when engaged in a governmental function (see When Can The Government Be Sued?). However, an exception to this general rule exists when a officer, agent, or employee of a governmental agency negligently operates a motor vehicle for which the governmental agency owns.
The general rule is that government agencies and their employees are immune from tort liability when they are engaged in governmental functions. MCL 691.1401 et seq. However, there are certain exceptions where an injured party can still bring a lawsuit for compensation against government agencies and employees.
The Zebra, a national quote comparison website for car insurance, released their 2016 report titled "The State of Auto Insurance" and it revealed bad news for Michigan residents. Michigan led the country with the highest average annual auto insurance premium. The report found that the average Michigan driver spends $2,087 per year on auto insurance.
A common confusion among many clients injured in a Michigan car accident is the difference between these first-party No-Fault benefits that sound similar, but which in reality are distinct.
After Monday's tragic story detailing the death of a 39-year-old Oceola Township man who was killed while riding his bike, we thought it prudent to dedicate a blog post on the Michigan Motor Vehicle Code as it pertains to bicyclists in an effort to spread awareness of the rights and duties of both motor vehicle drivers and bicyclists and in hopes of preventing future tragedies.
The difference between intentional torts and negligence claims centers on the actor's state of mind. The standard for determining whether a person's conduct was negligent is objective - whether the actor's conduct falls below that which we would expect from a reasonable person. This is commonly referred to as the reasonable person standard. For intentional torts, however, the test is more subjective, and asks whether the actor intended the action or result.
In yesterday's post, we discussed under what circumstances a child could be held liable for their own acts of negligence. Today we tackle the issue of when and under what circumstances a parent can be liable for the acts of their children.
In Michigan personal injury cases, there are two types of damages, economic damages and non-economic damages, that an accident victim can recover after they have suffered injuries as a result of someone else's negligence. Achieving a settlement that fairly compensates an accident victim is predicated on precisely determining the amount of economic and non-economic damages her or she has suffered.
The Michigan Liquor Control Code of 1998 (Dram Shop Act), provides a cause of action against a retail licensee who unlawfully serves alcoholic beverages to an intoxicated person or minor, and which results in injury, death or property damage to an innocent third party.
Learn more about Michigan's open and obvious doctrine, which threatens to bar many deserving Michigan slip and fall claims and prevent victims from receiving compensation for their injuries.
The state of Michigan hosts millions of visitors each year. With so many out-of-state drivers on Michigan roads, car accidents involving non-Michigan residents are bound to occur. But how does Michigan's no-fault law apply to non-Michigan residents?
Dogs are wonderful companions, but the fact is, dog bites occur and can result in serious injuries. Under Michigan's dog bite statute, provocation is the only defense to a dog bite claim. But what conduct constitutes sufficient provocation to relieve an owner of liability for the injuries their dog causes?
A new report from the Governors Highway Safety Association (GHSA) indicates that Michigan motorcycle accident deaths rose 23% from 2014 to 2015. The report based on preliminary data by state highway safety offices, reveals that there were 138 motorcycle fatalities in Michigan 2015, compared to 112 in 2014.
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