Armed with your smartphone, you can download apps like Bird, Lime, or Spin, and in minutes begin cruising down city blocks at speeds up to 20 mph on an e-scooter. One critical element about grabbing a scooter you should be aware of is the e-scooter rental agreement’s Terms and Conditions.

We’re all familiar with “terms and conditions.” Typically, it’s “boilerplate” language that most people never bother to read and instead scroll blindly until they see “accept,” and then the “reward” becomes available. But e-scooter riders should be aware that important language exists buried within these lengthy terms and conditions that may significantly impact your rights in the event of an accident or injury while using the e-scooter.

E-Scooter Liability Waiver

Buried in most e-scooter rental agreements is a liability waiver, which, in most cases, waives a rider’s right to pursue a claim against the e-scooter company for injury or property damage.

Liability waivers are common and, in many instances, make perfect sense. Conceptually, the waivers are simple: a company provides you with a good or service but does not want to be held responsible if you injure yourself or others while using said good or service. In the context of e-scooters, this would logically mean riders are assuming the risk of injury or property damage that may occur from the inherent risks associated with riding a scooter.

However, many riders may not realize that these waivers’ language is much broader. In fact, not only do the terms and conditions waive the rider’s ability to sue the company in the event they are injured due to the risks associated with riding an electric scooter, but riders are also agreeing to waive their right to sue the company if they are injured as a result of the e-scooter company’s negligence.

Riders aren’t the only ones responsible for causing e-scooter crashes. In some instances, crashes and injuries result from the e-scooter rental company’s or manufacturer’s negligence. This negligence can include “vehicle or component malfunction” or the failure to maintain or repair equipment.  Given that numerous injuries have allegedly resulted from scooter malfunctions such as sudden acceleration or loss of brake function, riders need to be aware that they are assuming these risks and may not be able to seek compensation if they are seriously injured as a result of a malfunctioning or improperly maintained e-scooter.

E-Scooter Rental Agreements

If you’re considering signing an e-scooter rental agreement, here’s what you need to know:

You may also be releasing other parties from liability, Riders should be aware that these waivers also cover more parties than just the “rider” and the “e-scooter company.” These waivers apply to the e-scooter companies, their parent companies (e.g. Uber, Lyft, and Ford Motor Company), and also extend to the manufacturers of the scooters — and even the cities in which the e-scooter service operates.

Bird, Lime, and Spin’s e-scooter rental agreements all contain language that defines the municipalities which authorize the companies to operate as “released parties.” Under this term and condition, riders injured as a result of a defect in a sidewalk or roadway the municipality is responsible for maintaining may have waived their ability to pursue a claim against the municipality for the sidewalk or roadway defect.

Time Limits? Truncating the Statute of Limitations

Assuming you can even bring a claim against a company, certain language in e-scooter rental agreements often includes time limitations for bringing a claim. While liability waivers are generally enforceable in most instances, they are not insurmountable and cannot absolve a company from liability for acts that amount to “gross negligence,” or “willful and wanton conduct.” (However, those legal terms also require a significantly higher burden for an injured person to meet.)

In Michigan, injured parties generally have three years following an injury to bring a negligence claim against another party – call the statute of limitations. With few exceptions, an injured person’s claim against another party is forever barred as soon as the statute of limitations period expires.

However, riders should understand that signing an e-scooter rental agreement may include agreeing to a shorter statute of limitations. For example, the terms and conditions for Spin contain language where the user agrees to shorten the statute of limitations period for bringing claims against Spin to just one year. After that time, users cannot bring a claim against the e-scooter company.

In short, you want to take the time to read whatever you agree to, and if you were injured in an e-scooter accident, don’t assume their waivers are iron-clad; contact the experts at Turner & Turner for a free consultation.

Call us today at (248) 355-1727.

With the end of the year in sight, Turner Law thought it would be appropriate to go over one of the biggest elements to consider when deciding whether to file legal action when you have been injured — statute of limitations laws.

In all cases, an injured or wronged person has only a limited time in which to file legal action, so if you have a claim you must act quickly or your chance may be lost.

Prior to tort “reforms” in Michigan, these rules were liberally construed and fairly reasonable. Since the Michigan legislature undertook tort reform, and with the blessing of the state Supreme Court, limitations as short as one year have been upheld as “reasonable.” The Court has also enforced “notice” provisions that may require action within months.

Any seriously injured person must seek expert advice about the statutes of limitation from an experienced professional as soon as possible. Some of these statutory provisions are very complicated. The following synopsis is just a thumbnail educator and no summary should be relied upon as legal advice. Contact Turner Law at (248) 355-1727 for your free consultation to discuss the specifics of your case.

Statutes of Limitation

Whenever the law grants a right to seek recovery for wrongdoing, it also places restrictions on how long the victim has to take legal action. If the victim delays too long in seeking compensation, they are said to have “slept on his rights,” and the claim will not be heard. These limits are called “statutes of limitations” and they vary depending on the nature of the wrong that was committed. In many cases, there are other limitations on taking legal action, as well.

Other limitations include “notice” periods. In many circumstances, the injured victim is required to give notice of his injury within a time period that is even shorter than the specific statute relevant to a case. While we can’t laundry list all of the various notices codified in law, we have offered some of the most common examples for your edification.

No-Fault Auto

If you are injured in a car accident, you normally have the right to collect Personal Injury Protection (“PIP”) benefits from your own insurance carrier. The insurer must receive written notice of the injury within one calendar year, even if no benefits are currently payable. No-fault PIP benefits also have a unique limitation called the “one-year-back rule.”

Under this rule, a lawsuit must be brought within one year of incurring any expense, even if the no-fault carrier has been considering the expense and has not denied liability. No-fault law in Michigan is also unique in that the longstanding rules allowing infants and disabled people additional time to file suit sue cannot be applied to no-fault benefits.

The right to make a claim against the person who caused auto-related injuries normally carries a three-year statute of limitations. This can create problems in several situations. First, the victim can only sue if his injury is “serious,” and the courts often err on a definition of “serious” to mean “life-altering.”

If the injury is not “life-altering” within three years but becomes life-altering after three years, the victim’s right to sue is not extended. Furthermore, many insurers sell Underinsured Motorist Coverage with a statute of limitations of only one year: under these policies, an injury victim who is not aware of the wrong-doers uninsured or underinsured status, or who cannot prove a life-altering injury within 12 months, may lose his right to recover under the purchased policy.

There is also a short, one-year statute of limitations for taking action for damage to property resulting from a motor vehicle collision.

Insurance

Many insurance policies have a limited time allotted for notice or suit, and if the benefits are not mandated by the government the Michigan Supreme Court has held an insurer is free to incorporate any time limitations that it desires.

It is not uncommon for property damage provisions, fire insurance, and auto insurance policies to require a notice of loss that requires action while the victim is still reeling from the loss-causing incident.

The Supreme Court also held that it would not consider whether such limitations are “reasonable,” which and is contrary to the insurance law of many other states. All consumers are presumed by the court to have read and understood their insurance policies, despite the fact that most policies are incomprehensible — even to jurists. Thus, any claim that seeks compensation from an insurance policy must be examined immediately to assess how long you have to take action.

Medical Malpractice

Physicians and other medical professionals have always benefitted from a shorter (normally two-year) statute of limitations. When the suit is brought, it also must be accompanied by an Affidavit of Merit signed by one or more specialists with highly-specific qualifications, which leaves even less time to investigate a potential claim. (Click here for more on “highly-specific qualifications.”)

In addition, the Legislature created a mandatory notice-period in medical malpractice that prevents the filing of suit for 154 or 180 days, depending upon the wrong-doers response to the formal Notice of Intent to Sue.

Because the mandatory Notice of Intent is strictly construed and may be given undue importance, both legal and medical expertise must be incorporated in to that document.

In the case of medical malpractice injuries, there are exceptions to the statute of limitations where the injury was not “discovered” within the statutory period, or where it was fraudulently concealed.

The “discovery” provision allows only six months to take action, which means that a late-discovered claim must be explored by the victim immediately. There is also a Statute of Repose in medicine and in some other professional claims that places an outside limit within which any claim may be pursued.

Finally, there is a special limitation for children in the medical malpractice reform statute. Whereas children injured in many other contexts have until one year after reaching the age of majority in which to take legal action, children injured as a result of malpractice must normally sue by age 10, or within two years of the injury, whichever is later, even if they have not attained the age of majority when the statute of limitations expires.

Product Liability Claims

If a product liability claim alleges a personal injury, these claims must normally be pursued within three years; there is a three-year discovery period after any injury is identified in which late-identified claims may be pursued. If a product claim relates to damaged property or other non-injury losses, it is probably covered by the Uniform Commercial Code and carries a short, one-year statute of limitations. Check with Turner Law for applicability.

Standard Limitations

The basic Michigan statute of limitations for negligence is three years. However, there are so many exceptions that this limitation period cannot be taken for granted. For example, actions for slander, false imprisonment, and many other wrongs must be undertaken within one or two years of the injury suffered.

In essence, every injury should be analyzed carefully within a matter of months to determine the pertinent time for legal action. If action is delayed until the “11th hour,” a claim may be lost, or the ability to negotiate a reasonable settlement without filing suit may be squandered.

Statutes of Repose

In some settings, such as medical malpractice and building construction or design defects, the state Legislature has assigned an “outside date” after which no action will be allowed. In the case of the building, this time runs from the date of occupancy. In the case of malpractice, it runs from the date of injury.

There is a lot to digest here, and this is why representation by an experienced attorney is your best plan of action for obtaining the justice and compensation you deserve. For more information, and to discuss the specifics of your situation, contact Turner & Turner at (248) 355-1727 today for your free consultation.

Although the majority of personal injury lawsuits are settled by insurance companies, a number of cases do end up going to trial. It is crucial for you to know what to expect should this happen with your claim.

Various Components of a Personal Injury Claim

When cases go to court, they go through various steps — from start to finish. In many personal injury cases, a jury selection will take place. A jury can be composed of 12 or fewer individuals who are selected and questioned by the judge. The judge or your attorney will ask numerous questions to the selected individuals to see their personal views on various case types, and to learn more about them personally. Questioning a juror helps determine if a person is a good candidate or if they have certain biases.

After a jury is selected, the case will move to trial. Trial for personal injury claims typical start with opening statements. The prosecution and the defense will each be allotted time to make an opening statement in support of their legal claim. Typically, the personal injury attorney supporting the victim will give their opening statement first because they have the burden of proof.

Burden of Proof

To file a successful claim against an at-fault party, the claimant must clearly demonstrate the burden of proof. After opening statements are heard, the case will move on to presenting the evidence. Personal injury attorneys will generally call witnesses to testify to back up the evidence presented during the trial. Some witnesses can be individuals who personally witnessed an incident occur: doctors, financial experts, and even experts who re-create the scene of the incident.

After the claimant’s attorney presents all relevant evidence, the defense is provided an opportunity to present evidence of their own. Defense attorneys can call forth witnesses and present documentation to support their argument against the claimant. After both sides present their evidence, each side will be given the opportunity to cross-examine witnesses.

After witnesses are cross-examined, both sides will begin to present their closing arguments. The defense and plaintiff are both given one final chance to try and persuade the jury to present a favorable outcome for them. The jury will then deliberate in a separate room and come to their own conclusion or verdict.

Personal injury cases, like car accidents, are usually deliberated rather quickly. In some cases, they can take several days. Once a verdict is reached, the jury informs the judge, and then they present the verdict to both parties.

For more information on whether you have a case against another party, and whether a settlement is in your best interest, should one be offered, contact Turner & Turner at (248) 355-1727.

Premature babies often require additional nutrition to support their development and offset their low birth weight. Many doctors will recommend a baby formula for premature children, but recent evidence has linked some brands of baby formula to necrotizing enterocolitis (NEC), a potentially deadly digestive disease that can cause problems for the rest of the child’s life. The cause of developing NEC is not fully understood, but studies have shown the introduction of cow (bovine) milk in newborns, which is commonly used as a base ingredient in many formulas, is a contributing factor.

Baby formula manufacturers are aware of the risk their product may pose to developing infants, yet after many years, they still don’t list it as a possible side effect.

While risks are low for most infants, there are several factors to be aware of if you are giving your newborn formula. Newborns most at risk from developing NEC, according to information from the University of Pittsburgh Medical Center, include premature infants (newborns with birth weights of less than 4.5 pounds make up about 80 percent of necrotizing enterocolitis cases), but full-term babies have also been diagnosed.

NEC often develops within the first two weeks of life, usually after milk feeding has begun (at first, feedings are usually given through a tube that goes directly to the baby’s stomach). About 10 percent of infants weighing less than 3 pounds, 5 ounces (or 1,500 grams) experience necrotizing enterocolitis.

The immature bowels of these babies are sensitive, and prone to infection. They may have difficulty with blood and oxygen circulation and digestion, which increases their chances of developing necrotizing enterocolitis.

If your child developed health concerns as a result of a baby formula product, contact Turner and Turner today for more information on how to fight back.

What Is Necrotizing Enterocolitis?

According to information provided by The Cleveland Clinic, necrotizing enterocolitis is a potentially deadly digestive disease that commonly affects newborn children. The disease eats away at the intestinal tissue in the body, which can form holes and allow bacteria from other areas of the body to enter and cause infection. The bacteria can lead to sepsis, abdominal infection, narrowing of the intestines, and short bowel syndrome, a condition that makes it difficult for the body to absorb nutrients.

How Dangerous Is NEC?

Major cases of NEC are life-threatening for underdeveloped infants, but even minor cases can damage the intestinal tissue enough to cause digestive health problems in the future. If the intestinal tract is severely damaged by the disease, the child will need to undergo surgery to remove the eroded tissue, which is problematic considering those prematurely born children aren’t fully developed and don’t have an abundance of that tissue. On the other hand, some infants will recover without issue, but there would be no cause for concern if the manufacturers had acted ethically in the first place.

Which Formulas Use Cow Milk as a Base?

Around 80% of baby formula’s use cow milk as a base, including:

• Enfamil
• Similac
• Earth’s Best
• Happy Baby
• Go & Grow
• Gerber
• Parent’s Choice
• Baby’s Only
• Louloka
• Holle
• Kendamil
• Bobbie
• Lebenswert

Many of these brands offer a different, non-cow milk formula as an alternative. If you’re feeding any of these brands of baby formula to your child, you should make sure that the brand you have is safe for your child’s growth and development.

What Are the Signs of NEC?

NEC happens internally, but there are some warning signs that can display evidence of the disease before it’s too late. You should make sure that the medical professional in charge of your child’s care is monitoring for the following symptoms:

• Abdominal pain and swelling
• Bloody stool
• Green/yellow vomit
• Changes in heart-rate/blood pressure
• Changes in body weight/breathing
• Lack of weight gain
• Refusal to eat

Who Is Liable if My Child Develops NEC From Drinking Cow-Based Formulas?

Manufacturers are responsible for honestly displaying their products’ side effects to the consumers who use them, but this is not the case since these formulas do not display any warnings of NEC as a potential side effect.

If your child developed NEC, you should explore your legal options, which include filing a product liability claim against the manufacturer or a medical malpractice claim against the doctor who gave your child the formula.

Contact Turner & Turner

If your child was diagnosed with NEC as a result of the baby formula they were fed, we understand how stressful and frustrating your situation can be. Our attorneys have years of experience in product liability cases like yours. When you need a law firm to fiercely advocate for the rights that protect you and your child, choose Turner & Turner to handle your case.

Contact Us today by email or call (248) 355-1727 to get started.

IF YOU’VE BEEN involved in an accident you should absolutely consider hiring a personal injury attorney; naturally, many victims can feel intimidated or nervous about visiting a lawyer’s office for the first time.

However, there is no need to worry. Your attorney is your strongest advocate and best chance at recovering compensation due to your injuries.

Expect the Meeting to be Fairly Short

Your case is important and it’s important to your lawyer, too. Most initial consultations last about one hour. While that may not seem like enough time, an experienced lawyer knows what questions to ask to make that hour efficient and productive.

Expect Questions – Lots of Questions

In your consultation meeting, your attorney will ask you a number of questions; basic “who-, what-, when-type” questions. Specifically, in a personal injury case, a lawyer will also want to know the details of the accident. Other pertinent information needed includes some specifics about your insurance policy, injuries, and financial losses. Not to be forgotten is one of the biggest impacts of an accident: how the injury affected you emotionally. Takeaway: expect questions about your physical, mental, and financial health.

While it may seem unsettling giving personal information to a person you’ve just met, set aside any worry. First, Michigan ethic rules require all attorneys – even those you may not ultimately engage — to maintain the “attorney-client” privilege. The attorney-client privilege, with very specific exceptions, prevents members of the Michigan State Bar from discussing your case or its details with anybody. Takeaway: don’t hold back because the specifics matter; a licensed attorney will keep everything confidential.

Most importantly, your potential attorney will be unable to properly evaluate your case unless you provide a true and complete story. Holding back information, or changing a fact that seems minor, might cause your attorney to provide bad information. A good attorney will give you an honest evaluation, but no attorney can do this without all the facts.

Expect to Be Asked for Documents and Other Proof

Not only will you be asked many questions, but your attorney will likely request any proof you have or can get access to (see list of examples below). Before calling for an attorney consultation, or visiting the office, make sure you have these items at the ready.

Examples Some things that lawyers often ask for include:

• Communications from insurance companies
• A list of witnesses
• Messages from witnesses
• Pictures of the accident scene
• Pictures showing injuries to you or others
• Pictures showing property damage
• Medical records
• Medical bills
• Police reports
• Records of missed work
• Records of lost wages
• Records of normal wages (e.g. paystubs, W2, receipts)

While not a complete list, it gives you a rough idea of items you’ll need to gather in order to support your claim.

“Loose Lips Sink Ships” (Expect to Be Asked Who You’ve Spoken To)

While the statements you make to your attorney are confidential, things you may have said to others are not. You might have said something about the accident that might hurt your recovery without even knowing it. Your attorney may or may not be able to undo potential damage, but your attorney needs to know what was said and to whom in order to evaluate whether comments made could adversely affect your claim.

Expect an Evaluation and Explanation

Toward the end of your first meeting with a personal injury attorney, the lawyer should be able to tell you the pros and cons of your case. (Note: lawyers cannot, nor should, promise certain outcomes; they can only tell you what they expect, based on past experiences.) The lawyer may offer to take your case on the spot. However, you are under no obligation to agree; you have the right to both visit other attorneys. Takeaway: take time to evaluate the consultation before making a final decision.

Similarly, while some attorneys agree to take cases during a consultation, others may want to take a little time to decide. Note: If the lawyer chooses not to take your case, it is not your fault; there might be many reasons such as conflicts of interest or an inability to devote the time necessary to be the best advocate you deserve. Takeaway: Feel free to visit another office and get another opinion.

Expect to Talk About Money

You can expect the attorney to talk about money, including fees. The attorney should explain – in clear language – how the billing process works. The attorney should explain their hourly rate, charges for items such as investigations, ordering records, or even making copies. Note: Most personal injury attorneys work on a contingent fee basis, which means they receive a portion of any amount you recover after the lawsuit. (However, even in this arrangement, some attorneys still charge clients for certain costs.) Be prepared to ask the attorney specific questions about billing practices.

Be Prepared to Sign Documents

If you decide to engage your attorney after consultation, be prepared to sign documents. Signing a retainer or representation agreement will make the attorney your “official” legal representative in your case. Your lawyer may also ask you to sign releases allowing them to access insurance information, medical records, and other items.

Hopefully, this article has given you some insight answered about what to expect at your consultation visit to a personal injury attorney.

If you have more questions or need to speak to an experienced personal injury attorney, contact the Law Offices of Turner & Turner. Founding member Buzz Turner has more than 30 years of experience as an advocate for clients injured in vehicle-associated accidents, medical malpractice, and other personal injury claims.

Call Turner Law today for your free consultation at (248) 248-355-1727, email Turner Law or visit the Firm’s website.

The company lost its second lawsuit in May 2016 when a Missouri jury ordered the company to pay $55 million to a woman who said the company’s talcum-powder products caused her ovarian cancer.

The company says it will appeal the decision — and claims the science backs it up. J&J is fighting about 1,200 lawsuits that allege the company knew about cancer risks but did not warn consumers. It lost the first lawsuit in February.

Here are Some Answers to Questions About Talc and Cancer:

Q: Can talc cause cancer?

A: Maybe — but there’s not very much evidence to show that. According to the American Cancer Society, some talc in its natural form contains asbestos, which is known to cause cancers in and around the lungs when inhaled.

 “All talcum products used in homes in the United States have been asbestos-free since the 1970s,” the American Cancer Society says on its website. The Food and Drug Administration says it has looked into this and hasn’t found any asbestos in the products it checked.

 Some studies on animals have shown that talc can cause tumors, but others have not. Studies exploring potential links between talcum powder an ovarian cancer in women who use talc-based feminine hygiene products have also had mixed results. The most reliable types of studies, which don’t rely on a woman’s memory of whether she used talc, have shown no evidence talcum powder causes ovarian cancer.

Q: Did talc cause the plaintiff’s ovarian cancer?

A: It’s almost impossible to prove that any single person’s cancer was caused by something specific. In some types of cancer, such as lung cancer, there are very clear and accepted causes, such as tobacco smoke and asbestos. In others, there may be a generally accepted link, such as sunlight or tanning beds and skin cancer, or chemicals such as benzene and blood cancers. Ovarian cancer is not common. It affects about 21,000 U.S. women a year, and while there are clear genetic causes, doctors don’t know what causes most cases. Because it’s usually diagnosed too late to cure it, it kills most patients and is the fifth leading cause of cancer death among women.

The International Agency for Research on Cancer (IARC), the cancer arm of the World Health Organization, says genital use of talc-based body powder is “possibly carcinogenic to humans.”

“For any individual woman, if there is an increased risk, the overall increase is likely to very be small,” the American Cancer Society has stated. “Still, talc is widely used in many products, so it is important to determine if the increased risk is real. Research in this area continues.”

Q: Is there still talc in baby powder?

A: Johnson’s baby powder contains talc, according to the company’s website, but the company also offers a version made with cornstarch. “Shower to Shower,” the product named in both lawsuits Johnson has lost, contains both talc and cornstarch.

 Many baby and body powder products are now made using cornstarch. “There is no evidence at this time linking cornstarch powders with any form of cancer,” the American Cancer Society says.

If you have questions about your legal rights and whether you believe to have been injured by a J&J product containing talc, please contact the personal injury attorneys at Turner and Turner by calling (248) 355-1727 or contact us online.

CARE stands for Costumes, Accessories, Reflective Surfaces and Examine.

Costumes: Make sure your child can move around safely in his or her costume. We recommend face paint instead of masks, which are often implicated in falls and scrapes. Have your child try on the costume well before Halloween (avoid last minute purchases) and make necessary alterations to make the costume more user-friendly. It’s better to cut the bottom of a costume so that legs move freely than to risk a trip or fall. Try to purchase costumes that are made with flame retardant material. If you think your kid’s movement is impaired and you can’t alter the costume, please hold their hand the entire evening and take extra care as they ascend and descend steps.

Accessories: For little children, fewer accessories are better. It’s enough for them to walk around, holding their treat bag and stay together with the group. When they are holding that light saber or Toto in a basket, it means that their hands are not free and if they do trip or fall, they can’t use their hands to steady themselves or break their fall. If you must accessorize, make sure everything is attached securely (like crowns and butterfly wings). Swords and light sabers should be flexible and should not have pointy ends.

Reflective surfaces: Lots of costumes are dark, like vampires and witches and wizards. But being able to be visible is important for safety. So be sure the kids are wearing something reflective (we love the light up sneakers), or just attach some reflective tape or bike reflector lights on their backs or on their coats as well as on their treat bag. Be sure you travel with flashlights (you can use the one on your phone, as long as you have enough juice on your phone to last through the night). Parents should wear light colored clothing, so at least they will be highly visible.

Examine the Treats Before Eating Them: Please tell the kids not to eat from the treat bag until you have gotten back home. Consider packing a few treats from home for them to eat during the walk so they won’t be tempted. For the most part, the treats are going to be just fine, but do examine everything and make sure nothing is opened. Certainly for kids with allergies, their parents or guardians need to check to be sure it’s safe to eat what has been gathered.

Finally, we implore you: Don’t send your kids out alone. Even teens and tweens should have parents nearby to be sure they are safe.

It’s Fireworks time of year!

Fireworks displays are a great enhancement of the Michigan summer. We celebrate the greatest summer season (and for once feel sorry for our friends in Florida.) We celebrate the summer holidays and having time to spend with kids out of school and relatives and friends who look forward to being with us.

But fireworks bring together fire and explosives, and they can be dangerous. It’s a good time to remember the laws which include some safety precautions as well.

The Michigan Fireworks Safety Act is the official rule regarding what is allowed and not allowed. However, Public Act 65, enacted in 2013, allows municipalities to limit fireworks usage on national holidays as well as the day before and the day after the holidays. So, each person needs to know the laws of their city or township. The local law holds precedence in these matters.

Many municipalities limit the times that fireworks may be set off. For some localities, there are to be no fireworks after midnight. For some others, 1:00 a.m. is the upper limit (especially on New Year’s Eve). We urge you to check your local laws.

The state laws, according to the Michigan Fireworks Safety Act are as follows:

Permitted fireworks:

• Low-impact fireworks: sparklers, snappers, snakes and poppers
• Consumer grade fireworks that leave the ground: Roman candles and bottle rockets

Forbidden fireworks:

• No fireworks can be sold to minors.
• It is prohibited to ignite fireworks if under the influence of drugs or alcohol.
• Fireworks can only be ignited on one’s own property, unless you have the express permission to ignite it. That means lighting fireworks without a permit on park grounds or school grounds is expressly forbidden.
• Fireworks usage is prohibited in national forests and national parks.

It is important not only to follow the state and national laws. You also have to follow the laws of safety and common sense with fireworks. Make sure you keep children away from fireworks, that you back up a safe distance after you ignite the device, that you douse all areas where fireworks have been shot off with water, that you keep a bucket of water and/or a hose nearby when you are setting off fireworks and that you never try to ignite a firework that failed to work properly the first time.

We wish all of our clients and friends a safe and Happy 4th of July extended celebration.

But remember: those swimming pools, whether private or public, are potential sources of harm for us and our loved ones. Drowning deaths are the second leading cause of death for children ages 1-4.

So, whether you have a pool or you take your kids, your grandkids or any other children to a pool, keep these safety tips in mind:

• Pool owners need to make sure their pool is inaccessible for the most part. You must have a secure fence at least four feet high surrounding the pool with intact gates and latches. In the off-season, the pool should be covered. Consider installing a surface alarm so you are alerted if somebody breaches the water when you are not there.
• Make sure the pool you are swimming in is well-maintained. Are drains safely maintained? Is the water clear? If your eyes sting from being in the water, the water is not hygienic for you or your children.
• Stay in arm’s reach of your children at all times. This may mean being in the pool the entire time with younger children.
• Insist that younger children wear a U.S. Coast Guard approved life jacket while in the pool, especially if there is no official lifeguard.
• Designate a lifeguard. If you own a pool and invite people over, either hire a lifeguard or decide ahead of time who will be the lifeguard. This person must remain sober, aware and focused on watching the water. You can take turns if you need to. The designated lifeguard must know CPR and first aid. If you are the guest of someone with a pool and nobody is acting as the lifeguard,  you must step into that role.
• If you are supervising a child and don’t know how to swim, then you cannot watch them alone.
• Make sure everybody knows the pool rules, including no running, no diving and staying away from drain covers.
• Ensure that there is a pool first aid kit visible and stocked with rescue equipment and scissors (for tangled hair).
• Keep a well-charged phone nearby.
• Enroll your children in swimming lessons. Make sure all adults who care for them are strong swimmers. But be aware that just because a child has taken swimming lessons, he or she must still never swim alone.

We want you to enjoy the Michigan summer to its fullest. By playing it safe, you can have fun in the sun.

• More than 200,000 children in the U.S. are treated in emergency rooms for injuries sustained in playgrounds.
• Children ages 5-9 are at the highest risk for playground injuries. This is partly because they tend to utilize more dangerous equipment, but also because schools and day care centers often have dangerous playground components.
• The most dangerous playground components are slides in public playgrounds (they tend to be higher than home playground slides) and swings in home playgrounds.

What can you do to protect your kids? The answer is a lot.

Protecting your home playground:

See if winter played any havoc on your home playground. Inspect all aspects of your playground equipment. Check chains, be sure that no wood is splintered and make sure no metal is worn, rusted or sharp. Bring out your tape measure and ensure that you have enough spacing among playground components, especially between swings and other playground pieces.

Become a personal inspector of other playgrounds:

Your kids play in parks, at friend’s playgrounds and at their school playground. How safe are these places? We suggest you make it your business to inspect the places where your kids play.

Check the grounds for any unsafe objects (sharp sticks, broken glass) and either remove them yourself or steer your children away from them.

Check the area for standing water as well as insect hives.

Ensure that the equipment isn’t wet, hot, too slippery or covered with animal droppings (ew!)

If the playground looks dirty, odds are that it is poorly maintained, too.

Just plain unsafe: animal figure swings (implicated in multiple injuries and at least one fatality), merry-go-rounds unless really well supervised and maintained, trampolines (don’t get us started), free-swinging ropes

Supervising your children when they play:

No surfaces protect children completely from falls greater than 12 feet. Some surfaces (mulch, shredded rubber, pea gravel) provide more cushioning than asphalt, but children should never jump from inappropriate heights.

Notice if the “big kid” equipment is separated from the “little kid” areas. If they are not, then you will have to be super vigilant when watching your kids to make sure they don’t inadvertently injure a smaller kid or if they are the little kids, that they don’t get hurt themselves.

Make sure your kids utilize the playground appropriately. Just because it looks fun doesn’t mean it’s safe, no matter what the cushioning surface is.

Have kids leave their backpacks, accessories (especially earrings and necklaces) away from the playground equipment while they play.

It is the responsibility of playground owners to maintain their playgrounds to ensure their continued safety. If your child has been injured on a playground, please give us a call.