Royal Oak Personal Injury Attorneys

Personal Injury Cases We Handle

Our work spans a range of injury and justice-related matters.

Our practice covers:

If your situation falls outside these categories, reach out to discuss where your case might fit.

Michigan Laws That Can Affect an Injury Case

Different injury cases involve different liability rules, evidence requirements, and filing procedures. The following Michigan laws illustrate why the type of incident matters when evaluating a potential claim.

Dog Bite Liability

Under MCL 287.351, a dog owner is liable for damages when the dog bites a person without provocation while that person is on public property or lawfully on private property. Liability under this statute doesn’t depend on whether the dog had previously acted viciously or whether the owner knew of prior vicious behavior.

A person can be lawfully on private property as an invitee, a licensee, or someone performing a duty imposed by state or federal law. The statute excludes a person who gained entry through an unlawful or criminal act.

Slip & Fall Claims

Michigan premises liability law addresses injuries caused by conditions on property. In Kandil-Elsayed v. F & E Oil, Inc., the Michigan Supreme Court held that an open and obvious condition doesn’t eliminate a property owner’s duty. Whether the condition was open and obvious remains relevant when evaluating breach of duty and comparative fault.

Comparative fault means assigning a percentage of responsibility to each party. Under MCL 600.2959, an injured person’s recovery is reduced by that person’s percentage of fault. If the injured person is more than 50% at fault, Michigan law bars recovery of non-economic damages such as pain and suffering.

Medical Malpractice Notice

Michigan imposes a pre-suit notice requirement for medical malpractice actions against health professionals and health facilities. Written notice must generally be provided at least 182 days before the action begins and mailed to the professional’s or facility’s last known business or residential address. Proof of mailing serves as prima facie evidence, meaning initial evidence sufficient to establish that the notice was sent unless rebutted.

After notice is given, each side has 56 days to provide access to medical records related to the claim. These requirements make the timing and documentation of a potential medical malpractice case especially important.

Michigan’s Personal Injury Filing Deadline

Under MCL 600.5805(2), the general statute of limitations for an action seeking damages for injury, property damage, or death is three years after the injury or death. A statute of limitations is the legal deadline for filing a lawsuit. Claims involving vehicle collisions, slip and fall incidents, and wrongful death generally fall within this three-year period.

Michigan also applies a three-year limitations period to product liability actions. When a product has been in use for 10 years or more, the plaintiff must establish a prima facie case without the benefit of a presumption. Other rules, shorter notice periods, or exceptions can affect a specific case, so deadlines should be reviewed promptly rather than calculated from the general period alone.