July is peak summer travel season, which typically kicks off July 4th weekend. Turner’s blogs often discuss legal rights, liability exposure, and other important items related to the law. Since one of our specialties is advocating for victims of traffic accidents, we thought it would be useful to highlight 10 tips to help avoid the situation before you need our help.

Remember, we are always available, and we won’t stop until we achieve what you deserve in terms of compensation. Having said that, if we can offer up some ways to avoid traffic accidents, we want to provide that, too. Whether you’re heading out of town or just going for a drive (unlikely, given the cost of gasoline), you’ll need to arrive safely. Use these 10 tips to help you be a safer driver.

No. 1 | Stay Focused Throughout Your Drive

It’s easy to get lost in thought during your commute. It’s important, however, to stay focused on the road and what is happening around you. Distracted driving is one of the leading causes of accidents on the road today.

As you drive, keep the music to a reasonable level and ask passengers to lower the noise level if you notice yourself getting distracted. Be mindful of your lane usage on the road as you drive. For example, if you’re cruising the freeway for several miles, stay out of the left lane except to pass slower-moving vehicles.

No. 2 | Watch the Space Between You and Other Drivers

A collision with the vehicle in front of you is common in heavy traffic. Even if you’re paying attention, a driver may suddenly brake for an unknown hazard. If you’re following too closely, you won’t have space to stop.

Try to follow the 3-second rule when driving. Pick a landmark, such as a specific road sign, and note when the car in front of you passes it. Count out how many seconds it takes you to then pass the same sign. If it’s less than 3, you should slow down to give the other driver more space. Another tip is at least two car lengths between you and the driver in front of you.

No. 3 | Avoid Peak Driving Times

A lot of accidents happen because of congestion on the roadways. The more cars on the road, the higher the chance two or more of them will collide. Certain times of the day increase the number of cars on the road and make it more dangerous for even the best defensive drivers.

If you can’t change your work schedule, try adding an activity at the end of your day to delay your travel to avoid heavy commuting times. Plan to head out a little earlier than usual or leave a little later so you are not rushed.

No. 4| Keep Your Emotions in Check

Emotional driving can lead to erratic and dangerous driving. Personal emotions from things happening in your life may be hard to avoid. Try to take a few deep breaths before you begin driving and focus on the road to take your mind off of your emotions. If a family dinner involves stressful tensions with a relative, give yourself time to cool off before you decide to head home. Don’t try to talk on the phone to vent to a friend while driving. Finish your call before heading home.

Other drivers may also cause you to get annoyed, frustrated, or angry. A driver constantly changing their speed in front of you would annoy almost anyone. They may have you wondering if they even have a driver’s license. Take a moment to breathe and consider pulling off somewhere if you find yourself with road rage.

No. 5 | Put Your Cell Phone Away

Holding a cell phone and driving is always a bad choice. Plenty of drivers still use them, however. Cell phone use in cars often happens without thought: You get a ping from your phone indicating you have a new message and — without thinking — you grab your phone to read the message … and start responding.

When you’re late to dinner or trying to remember what items you forgot to pack, it’s easy to pick up your phone when driving. Avoid using your phone when you’re behind the wheel by putting it out of sight. Try storing it in a bag in the backseat or putting it in the glove compartment. Turn off the sound or use a “do not disturb” mode when driving.

No. 6 | NEVER Drink and Drive

With Independence Day upon us, there is a likelihood you will be out on the town, enjoying a few drinks. Always put a plan in place to get home safely. If you know you’ll be drinking, consider leaving your car at home so there’s no temptation to drive home. Even two drinks can dull your senses, slowing your reaction time. Take public transportation, call a cab, get a ride from a friend — or stay the night — if you’ve had too much to drink.

The consequences can be expensive and, many times, deadly.

No. 7 | Make Sure Your Car is in Good Shape

Make sure your car is in good condition before hitting the road. Use a routine maintenance checklist to help you stay up to date on things like oil changes and fluids. Low tire pressure could cause a blowout on the freeway resulting in panic and a loss of control over your car.

For longer drives, consider taking your vehicle to a trusted auto repair shop for an inspection. Your mechanic can look over your vehicle and let you know if there’s anything that could cause problems.

No. 8 | Don’t Drive if You’re Tired

Just like drinking and then driving, fatigue can slow your reaction time when you often need to make quick decisions on the road. It’s easy to get in your car and be lulled to sleep by the monotony of the road after a big dinner (highway hypnosis). Roll the windows down whenever you feel sleepy to help wake you up. The cool, fresh air can help jolt you awake and reenergize you. However, the safest option is to always pull over at a safe spot and take a quick rest before hitting the road again.

No. 9 | Take Your Time

You may be hurrying because you’re late for dinner, but your family would rather you arrive late and safe than not at all. Slowing down just a little can give you the time you need to avoid an accident. Plus, it saves money by reducing gas consumption.

At stoplights, don’t slam the gas pedal down right as the light turns green. Many drivers speed up at yellow lights, causing them to be in an intersection when the light changes. Wait for a second to let any traffic in the intersection settle before you move forward.

No. 10 | Don’t Rely on Other Drivers

Never assume other motorists are safely driving. Drivers are unpredictable, so you must rely on your judgment to reduce the risk of an accident. The most important aspect of defensive driving is being aware of other drivers and doing your best to avoid them.

Remember, if you are involved in an accident, here are some recent Turner blogs that offer tips and other useful things to remember.

Turner & Turner is here for you and your needs. For more information, call (248) 355-1727.

• 8 Things To Remember Before You Go to the Hospital
• Pro Tip: Documenting an Accident
• How to Read an Accident Report

6 WAYS TO PROTECT YOURSELF FROM IDENTITY THEFT

Across the country, identity theft has been on the rise for the last several years. It’s vital you take the appropriate measures to protect yourself from this damaging situation. Identity theft can have a considerable impact on your life, including your personal finances and ability to take out credit in the future.

To assist you with making smart decisions to safeguard your identity, Turner Law has put together a list of six tips to protect yourself from identity theft.

1. PROTECT YOUR SENSITIVE INFORMATION FROM THIRD PARTIES

Your private information is sensitive, and if it gets into the hands of an unauthorized third party, you could be faced with serious repercussions, including identity theft. A number of actions can be taken to protect your personal details from coming into contact with the wrong individuals, including:

• Shred or tear up paper documents that contain sensitive details.
• Lock away sensitive materials.
• Make sure your employer has secured your personnel records.
• Always take receipts containing credit or debit card details—never dispose of them in public trash.
• Don’t post personal information online, e.g. putting your birthdate on social media websites.
• Only use websites that have secure payment methods. A site is only secure when there is an unbroken padlock icon in the URL bar of your browser, and the URL starts with “https.” If the URL begins with “http,” it is not secure.

2. DON’T SHARE YOUR SOCIAL SECURITY NUMBER

• Never share your social security number with anyone unless absolutely required, and never carry it on yourself. Always make sure it’s locked away somewhere secure.

3. ORDER A FREE CREDIT REPORT EACH WEEK

• To help protect your personal finances and to ensure you have not been a victim of identity theft, regularly check your credit reports.
• Through December 2022, everyone in the U.S. can get a free credit report each week from all three nationwide credit bureaus, Equifax, Experian, and TransUnion. By checking your credit reports, you’ll be able to see if someone is misusing your personal information to run up charges on your credit cards, take out new credit or open a new account that’s in your name and steal your identity. The sooner you spot this fraud, the faster you can take action to stop the financial harm and correct the errors.
• To order a free credit report, you can go to AnnualCreditReport.com or call 877-322-8228 directly.

4. READ YOUR CREDIT REPORTS VERY CAREFULLY

• Once you have received your credit reports, take the time to carefully look back through the report, making sure that everything recorded points back to you and not someone misusing your identity.
• Each time you look at your credit report, you should ask yourself the following questions:
  • Do you recognize the accounts on your report?
  • Do they list credit applications?
  • Did you apply for credit at those places?
  • Make sure to check your personal information too. Are your name, address, and Social Security number correct?

5. DISPUTE ANY ANOMALIES

If you see a mistake on your credit report, it’s incredibly paramount that you immediately dispute the mistake.

• You can do this by directly contacting the credit bureau and the business that reported the information.
• When contacting the credit bureau and the business, ensure that you ask both to correct their records.
• You need to ensure that you include as much detail as possible, plus copies of supporting evidence, including documents, like payment records.

6. REPORT THE SUSPECTED IDENTITY THEFT TO THE APPROPRIATE AUTHORITIES

If you don’t recognize an account recorded on your credit report, immediately visit IdentityTheft.gov to report it to the Federal Trade Commission (FTC) and obtain a recovery plan.

• Indentitytheft.gov will be able to help you to create a sworn Identity Theft Report.
• Once a report has been created, you can send it to the credit bureaus, which will be able to block identity theft-related debts from appearing on your credit report.
• Also, report the theft of your identity to the FBI and the IRS.

Contact Turner & Turner

If you think your identity has been stolen, it’s crucial to approach guidance from an attorney who can provide clear, efficient advice on your rights and the necessary steps to take.

Contact us at Turner Law at (248) 355-1727 today to speak to an expert attorney.

Nobody anticipates being hospitalized, but it happens, and to plan, you need information, which is why Turner Law has made a list of eight things to consider ahead of a hospital visit. Print this list out and keep it posted somewhere accessible if you are unable to retrieve it ahead of hospital admission, someone you trust can easily find it.

Some items may seem obvious, but if you don’t have this basic information you can do very little, and your anxiety may spike. So even if  you think a question is stupid, try to answer the question yourself and, if you can’t do it in one sentence, get a professional to clearly explain the answer to you:

1. Find out your primary doctor’s name and the names of the specialists he or she will consult for your treatment.

2. Write down your diagnosis. Make sure that know the correct spelling of every condition or affected body part.

3. Ask what your prognosis is based on your response to treatment.

4. Get the name of the hospital social worker. He or she will help with insurance payments and billing issues.

5. Ask about complications from medicines you were taking before your hospital stay might have if they interact with medications from your hospitalization. Ask a professional to record these reactions on your discharge instructions.

6. Ask for multiple copies of discharge instructions, or at least a way of obtaining another copy of discharge instructions if you lose them. Make sure you run through all of the instructions with your caretaker (e.g. is there a special way to wrap a bandage) before you leave the hospital in front of nurse staff.

7. Ask about any special equipment that will help with your recovery, and get a recommendation from a nurse about a place to purchase it.

8. Ask a friend or family member to buy a paper calendar so you can record follow-up appointments. Sync up iCalendar or Google Calendar with your new paper calendar so you don’t lose track of any appointments.

If you or a loved one has been involved in an accident that requires a hospital stay, and another party was partially or fully at fault, call Turner & Turner PC today for a free consultation at (248) 355-1727.

Calls for tweaks to the reforms, which were put into motion in 2019 after Gov. Gretchen Witmer approved legislation making substantive changes to what had previously been the nation’s most generous coverage benefits for victims of auto accidents, continues.

While the original reform legislation was crafted to lower the cost of insurance coverage to drivers, the real-world consequences included a reduction of payments to those agencies that care for car crash survivors — by nearly half. Many agencies are now reporting they are going broke, which is leaving their former clients scrambling for care.

According to a report by Michigan Public Radio, an independent study found that more than 1,500 car crash survivors with severe injuries have lost care when their agencies closed. Several care recipients have reportedly died after being transferred from their homes to inadequately staffed nursing homes.

Republican leadership in the state House has so far refused to schedule any hearings to address the concerns, but some state GOP lawmakers are beginning to break ranks, including State Rep. Phil Green (R-Millington), who told Michigan Radio the reforms have created a “monumental crisis.”

Green’s bill has 57 co-sponsors including 14 Republicans and told Michigan Radio he is urging House Speaker Jason Wentworth to make sure it gets a hearing. “He told us three years ago that there would be follow up bills. I believe the Speaker needs to hold to his word, and ‘fix the fix.'”

Unsurprisingly, the Insurance Alliance of Michigan opposes Green’s bill, asserting that changes to the law would jeopardize the $400 checks that the Michigan Catastrophic Claims Association plans to send every car owner in Michigan this spring. The lobbying group also claims insurance rates — which already went up after the law was passed in 2019 — could go up even more.

The money behind the per-car-owner checks comes from a current surplus held by the catastrophic claims association, which partly grew out of the reforms enacted by the no-fault overhaul; the reforms included discontinuation of a mandate requiring long-term care for survivors with brain injuries and spinal cord injuries.

Advocates for car crash survivors, including personal injury attorneys, say the $400 checks are a red herring that serves one purpose: distract Michigan citizens from the consequences of the law, as well as the state’s failure to lower insurance rates.

Proponents of the law, including Michigan Governor Gretchen Whitmer, predicted it would make car insurance in the state affordable. Instead, the state has only dropped from “most expensive in the nation” for car insurance to “second-most expensive.”

Instead of benefitting from the reforms, the state’s drivers have only seen a slight aggregate reduction in costs while victims of catastrophic auto accidents bear the weight of unrealized reforms, and now face a secondary crisis that can be averted.

If you were injured in an auto accident and find yourself, or a loved one, in a position where benefits are being threatened, or need an advocate to discuss available options, call the attorneys at Turner Law — (248) 355-1727 — for a free consultation.

A look at the typical timeline for the resolution of a medical malpractice lawsuit.

How long ago did the incident occur?

If you’re filing a medical malpractice claim, one of the first questions asked is often, “How long will it take my case to settle?” Different studies have produced different results, but a 2017 New England Journal of Medicine study found the average time between a healthcare-related injury and the resolution of a medical malpractice case was five years.

One reason why it’s so hard to predict the timeline is that there is no designated point in the process when a medical malpractice settlement normally occurs. Settlement negotiations can take place at any point, and usually occur on multiple occasions as the case progresses. A settlement agreement can happen very early on (in some instances even before a medical malpractice lawsuit is filed), or it can take place on the proverbial “courthouse steps,” while the case is weeks into the trial phase.

Factors Affecting the Medical Malpractice Settlement Timeline

As a general rule, the more complicated a medical malpractice case is, the longer it will take to settle. Factors that make cases more complicated include:

• Complex or novel medical issues;
• Complex or novel legal issues;
• Large numbers of witnesses (including expert medical witnesses), and;
• Multiple health care providers, each of whom may be liable for medical negligence.

EXAMPLE: Jean is struck by a car while crossing the street. She is taken by ambulance to a hospital and subsequently has surgery on her back. The next day, she has another surgery on her leg, this time by a different doctor. At some point during the course of Jean’s treatment, she acquires an infection.

Who is legally responsible for causing the infection?

Jean will likely sue both doctors, the hospital, the ambulance service, and the driver of the car. That means six parties (including Jean) will be involved in the case, and issues will range from liability for the initial car accident to potential medical negligence on the part of the different health care providers. If one party makes a motion, all five of the other parties will probably respond to it.

All six attorneys may attend each deposition and ask different questions. All the doctors and nurses that came in contact with Jean may be deposed on different days. Since doctors and nurses are very busy people, the depositions can be difficult to schedule and each may be a month or two apart. And let’s not forget about requests for the production of documents and other time-consuming procedural steps.

In this case, somebody is responsible for Jean’s infection, but it’s unclear who. Settlement is unlikely until the parties can gain a decent understanding of liability. So, Jean may be in for a long wait before a settlement is reached.

Does Settlement Timeline Affect a Medical Malpractice Lawyer’s Fees?

Generally, a medical malpractice attorney will take an injured patient’s case on a contingency fee basis. This means the attorney is not paid until a settlement is reached, or a verdict is returned in favor of the plaintiff patient. At that point, a portion of the settlement or verdict (usually about one-third) goes to the attorney.

Are Contingency Fees Fair?

It is technically possible that an attorney will take a case on a Monday and get an insurance company to agree to settle the case for $75,000 on Tuesday. In such a case, if the attorney was working on a contingency fee basis (for 1/3 of the award), that attorney would have earned $25,000 in one day. But that same attorney might work on the next medical malpractice case for five years — and earn nothing. So, when an attorney and a patient enter into a contingency fee agreement, both sides gamble based on two factors: the amount of time it will take to resolve the case and the outcome of the case.

If you were injured through medical malpractice, an automobile accident, slip and fall, or other circumstance where another party is responsible, you should consult with an attorney to protect your rights.

Call Turner & Turner today at (248) 355-1727 for your free consultation or for more information on how best to proceed.

It’s not uncommon to go to your local pharmacy and pick up a prescription only to discover that you’ve received the wrong drug, or the wrong dosage, or even the wrong directions for use, and these errors can result in serious and life-threatening injuries.

In fact, a January 2020 investigative story published in the New York Times asserted that pharmacists across the country expressed frustration that understaffing and increased responsibilities by pharmacists has led to “chaotic workplaces” that make it “difficult to perform their jobs safely, putting the public at risk of medication errors.” In fact, a pharmacist writing anonymously in response to the journalistic investigation stated, “I am a danger to the public working for CVS.”

As the story laid out, pharmacies have become hotbeds of mistakes that put patient lives at risk. And, it shouldn’t be surprising when, as the article explained, pharmacists “…struggle to fill prescriptions, give flu shots, tend the drive-through, answer phones, work the register, counsel patients, and call doctors and insurance companies . . . all the while racing to meet corporate performance metrics that they characterized as unreasonable and unsafe.”

Another pharmacist in the article asserted it was virtually impossible to complete the amount of work that needs to be done by pharmacists at nationwide chains like CVS, Walgreens, and Rite Aid without making some kind of mistake. Adding to the chaos, many corporate decisions like cutting down on staff, requiring pharmacists to complete more of the busywork that might be relegated to another pharmacy employee who don’t have the expertise to fill prescriptions, and truncating hours of service have exacerbated the problem.

More disturbing, a majority of states, including Michigan, do not require pharmacies to report errors, and there are no requirements for an investigation when a medication error does occur. Pharmacists and safety advocates imply that these points reflect a bigger issue: there is little being done about workplace conditions in pharmacies, and no meaningful attempts to change the safety of the workplace itself. Understaffing is among the leading worries. Pharmacists suggest that they would be able to do their jobs better, and with fewer medication mistakes, if understaffing were not a consistent problem.

Get the Facts About Medication Errors

Medication errors are a common type of medical error that can result in a patient injury and a medical malpractice claim. The following is information about medication mistakes from the U.S. Food and Drug Administration (FDA):

Medication errors are defined as “any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the healthcare professional, patient, or consumer.”

Many different healthcare providers can be responsible for medication errors, including physicians, surgeons, pharmacists, and even assistants entering drug information into an electronic system. Common types of medication mistakes include dispensing the wrong medication, dispensing the wrong amount of medication, and failing to consider patient allergies or drug interactions.

If you’ve suffered injuries because of a medication mistake, you should discuss your case with a medical malpractice lawyer. For more information on your rights and remedies under the law, contact Turner & Turner at (248) 355-1727 for a free consultation to discuss your case.

While the terms sound similar and are often used interchangeably, there are legal distinctions between medical malpractice and ordinary negligence. Knowing the difference is important when deciding whether or not you have a provable claim.

Simply put, the difference between medical malpractice and negligence is that medical malpractice is based on professional standards for trained medical services providers. In contrast, ordinary negligence is based simply on a general duty of care.

Medical malpractice depends on what professionals should know and do in any given situation. Ordinary negligence is based on any duty that one person owes another even without any specialized training or skills.

The difference between medical malpractice and negligence is the standard that applies to evaluate the actions of the person accused of causing an injury.

What is Medical Malpractice?

The legal criteria used to determine whether or not an injury is considered medical malpractice typically involves an incident that occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.

To be considered medical malpractice under the law, the claim must have the following characteristics:

1. A violation of what is known as the “standard of care.” The law acknowledges there are certain medical standards that are recognized by the profession as being acceptable medical treatment by reasonably prudent health care professionals under like or similar circumstances. (This is known as the standard of care.) A patient has the right to expect that health care professionals will deliver care that is consistent with these standards.

If it is determined that the standard of care has not been met, then negligence may be established. Determination requires that a medical professional within the same field of practice can state that, in fact, that standard was either not met or breached.

So, by way of example, if your child was injured during delivery, a general practitioner cannot — for the purposes of the law — make a determination that the standard of care was not met. Only a physician who practices labor and delivery can make that judgement.

2. An injury was caused by negligence. For a medical malpractice claim to be valid, it is not sufficient that a health care professional simply violated the standard of care. The patient must also prove he or she sustained an injury that would not have occurred in the absence of negligence.

An unfavorable outcome by itself is not malpractice. The patient must prove that the negligence caused the injury. If there is an injury without negligence or negligence that did not cause an injury, there is no case.

3. The injury resulted in significant damages. Medical malpractice lawsuits are extremely expensive to litigate, requiring testimony of medical experts and hours of deposition testimony.

For a case to be viable, the patient must be able to show that significant damages resulted from an injury received due to medical negligence. If the damages are small, the cost of pursuing the case might be greater than the eventual recovery.

To pursue a medical malpractice claim, the patient must show that the injury resulted in disability, loss of income, unusual pain, suffering, and hardship, or significant past and future medical bills.

Medical malpractice can take many forms. Here are some examples of medical negligence that might lead to a lawsuit:

• Failure to diagnose or misdiagnosis
• Misreading or ignoring laboratory results
• Unnecessary surgery
• Surgical errors or wrong site surgery
• Improper medication or dosage
• Poor follow-up or aftercare
• Premature discharge
• Disregarding or not taking appropriate patient history
• Failure to order proper testing
• Failure to recognize symptoms

How Turner and Turner Can Help

Even if it’s evident your case is either a medical malpractice case or based on ordinary negligence, how you plead your case is a critical part of your claim. With years of experience and thousands of satisfied clients, the attorneys at Turner and Turner have the experience and trial hours to properly evaluate your case and determine what causes of action you can pursue.

For a free consultation or for more information, contact Turner and Turner at (248) 355-1727.

What’s scarier than a vampire or a ghost? A Halloween injury!

But with a little planning and thought, you can make sure the only frightening aspects of Halloween are the people dressed as clowns and Elmo. Here are a few tips to remember as you and your kids go on the hunt for candy this year:

• Bring a flashlight. This year, the sun will begin to set around 6:15 p.m. A good flashlight will let you see each other, cracks or bumps in the sidewalk as well as any other hazards. Lots of people use their phone’s flashlights, but they really do drain the battery, so we recommend a good old-fashioned low-tech flashlight. And for the nerdy/safety-conscious combo, we love miner’s lamps.
• Reflective clothing. Light-colored costumes are awesome. But for witches, vampires and Batman, the costumes are typically all dark. Have no fear; all it takes is some reflective tape placed on the back. You can also purchase reflective armbands, especially sold with bicycle supplies. Remember those light-up shoes? This is a great night to wear them!
• Mask management. Sometimes, the mask really does make the costume. But masks that obscure vision are really dangerous for everybody, especially small children. Try to do face painting instead. If the mask is non-negotiable, maybe just let the child wear it before approaching the house and lift it up as you walk between houses.
• Examine your child’s treats before they are allowed to eat them. This is especially true for children with allergies. But, obviously, all treats should look clean and unopened.

How to be a safe HALLOWEEN HOMEOWNER:

• If you’re giving out candy, be sure your outside light is on and provides maximum illumination. If you don’t want to participate in giving out treats, simply turn your light off.
• Be sure the path to your door is well-lit and free of obstacles and debris. Decorations should be visible but not impede the progress of kids.
• If you have stairs to your front door, you might want to stand outside and descend to give out treats to limit kids’ exposure to your steps (and your exposure to their falls).
• Be a good host and give out sealed, small treats.
• If you know you have neighbors with food allergies, consider distributing little stickers or temporary tattoos, or other non-food treats. Everybody likes those and parents approve, too.
• Keep dogs inside, but they can be visible. Unless your dogs can handle a crowd, don’t bring them outside to be petted. Be sure your dog doesn’t have access to the candy as chocolate is extremely lethal for dogs.

Halloween is a great time to connect with neighbors and celebrate Fall. Let’s all be safe out there!

The CDC offers these tips on how to avoid becoming a victim of a dog attack.

Do:

• Remain motionless when approached by an unfamiliar dog.
• Curl into a ball with your head tucked and your hands over your ears and neck if a dog knocks you over.
• Immediately let an adult know about stray dogs, or dogs that are behaving strangely.

Don’t:

• Approach an unfamiliar dog.
• Run from a dog.
• Panic or make loud noises.
• Disturb a dog that is sleeping, eating, or caring for puppies.
• Pet a dog without allowing it to see and sniff you first.
• Encourage your dog to play aggressively.
• Let small children play with a dog unsupervised.

What if an unfamiliar dog approaches you?

• Stop! Stay still and be calm.
• Do not panic or make loud noises.
• Avoid direct eye contact with the dog.
• Say “No” or “Go Home” in a firm, deep voice.
• Stand with the side of your body facing the dog. Facing a dog directly can appear aggressive to the dog. Instead, keep your body turned partially or completely to the side.
• Slowly raise your hands to your neck, with your elbows in.
• Wait for the dog to pass or slowly back away.

If you, or a loved one, are bitten by a dog:

• See a healthcare provider as soon as possible.
• Report the incident immediately to the local animal control and/or police department.
• Take pictures of the injury, even if you initially don’t want to pursue legal action. You’ll need this documentation if you decide to proceed with a claim later.
• Document all the costs involved in your care and treatment. Also, keep track of lost wages and other costs not related to medical care.

BITE BACK!

Call us at 1-888-8TURNER or complete our online form to receive a free case review.

After years of litigation by the family of a woman who was hit by a truck in the parking lot of a Bay City, Mich. Menard’s, the Michigan Supreme Court declined to hear an appeal by Wisconsin-based home improvement chain.

In declining to take the case — months after hearing oral arguments — the court eschewed weighing-in on a personal-injury case at a big-box store, which may have consequences for retailers and their customers.

The court’s demurral allows an appeals court decision to stand against Menards, which was sued after a shopper was struck by a pickup truck while pushing a cart outside the Bay City store in 2011. The woman, Virginia Rawluszki, ultimately died from injuries sustained in the accident, two years later, at age 72.

Her family contends that Menards should have installed stop signs to slow down traffic at a crosswalk. In its defense, the retailer asserted the risk of being hit in a parking lot is “open and obvious,” a key legal standard in Michigan that often protects property owners from liability.

“You’ve got a square building with a square, rectangular parking lot. There’s nothing else around,” Menards attorney Alan Sullivan reportedly told the Supreme Court in January. “There’s nothing else that is different, unusual … at all when you’re out there.”

Under Michigan law, a premises owner may be held liable for personal injuries or damages resulting from dangerous conditions on their property. This is known as a premises liability claim.

While a premises owner may be held liable for dangerous conditions on their property, they are not liable if the condition was “open and obvious,” which means the danger is “open and obvious if an average user, with ordinary intelligence, would have been able to discover the danger upon a casual inspection.”

However, two courts declined to dismiss the lawsuit. The Supreme Court, in a unanimous order at the end of June, said it won’t get involved, leaving an appeals court decision in favor of Rawluszki’s family and sending the case back to a Bay County judge for trial or possible settlement.

“It doesn’t have the strongest precedent of a written opinion, but it’s the second-best thing the Supreme Court could have done: Let a jury decide,” attorney Philip Ellison, who argued on behalf of the family, told the Associated Press.

In a court filing, Menard’s attorney said the presence of vehicles moving in a parking lot should be obvious to “an average person with ordinary intelligence.”

Justice Kurtis Wilder, the state’s newest Supreme Court justice, recused himself from the case as he was on the appeals court panel that chose to let the case proceed. Wilder wrote in favor of Menards in that 2-1 decision.

Under Michigan law, a premises owner can be held liable in a tort action for personal injuries or damages resulting from dangerous conditions on their property. This is known as a premises liability claim.

While liability in Michigan slip and fall cases largely depends on the legal status of the plaintiff at the time they were injured, a personal injury attorney will also evaluate the specific facts and circumstances surrounding the fall to determine whether there is a viable case. Many of these inquiries will center on whether or not the dangerous condition causing the fall was open and obvious under Michigan law.

While there are two exceptions to the open and obvious doctrine: for conditions that are “effectively unavoidable,” or ones that pose an “unreasonably high risk of injury,” the standard for proving “special aspects” exist, nullifying the “open and obvious” doctrine is extremely high.

However, if the case doesn’t settle, it could be a win for consumers whose protections under the guise of “tort reform” are always under threat. Menards may choose to not role the dice and settle.