FAQ

Frequently asked
questions

A toy hurt my child — how do I preserve the product and start a Michigan product-liability claim without hurting our case?

Product liability cases involving children require careful preservation:

  • Keep the toy exactly as it is, including all parts, packaging, instructions, and receipts.
  • Do not return it to the store or communicate with the manufacturer before speaking with an attorney.
  • Take photos and videos of how the product was used, where it broke, and the injuries involved.
  • Store the product in a safe, sealed container to prevent alterations.

Michigan’s product-liability rules are strict, and early mistakes can jeopardize the case — but with proper preservation, these claims can be very strong. We handle product-related injuries with the same meticulous “all-hands” team approach that defines our practice .

I was hit by a drunk driver after a holiday party — what claims can I make, and what should I do in the first 72 hours?

You may have both no-fault benefits and a third-party liability claim against the drunk driver. In some situations, additional claims may exist against a bar or party host under Michigan’s dram shop laws.

In the first 72 hours:

  1. Get medical treatment and follow-up care.
  2. Photograph injuries, vehicle damage, and the crash scene.
  3. Save receipts for towing, prescriptions, and rental cars.
  4. Do not speak with the at-fault driver’s insurer before calling us.
  5. Preserve any text messages, event invites, or witness names related to the party or alcohol service.

We handle drunk-driver cases aggressively while keeping you fully informed — a core part of our client-first philosophy .

It’s year-end and my policy is changing — how do coordinated vs. uncoordinated PIP options affect my no-fault benefits?

Michigan drivers often choose between:

  • Coordinated PIP: Your health insurance pays first for accident-related treatment. This can save on premiums but may limit provider choice or create delays.
  • Uncoordinated PIP: Your auto insurer pays first, giving you broader coverage and fewer disputes when injuries are serious.

When policies renew at year-end, it’s crucial to know which option you selected because it directly affects who pays your bills after a crash. If you’re unsure or your insurer is bouncing you between adjusters, we step in and ensure your benefits are protected.

Our carbon monoxide alarm failed and we got sick — can we pursue a claim against a landlord or manufacturer?

Yes. Two avenues often apply:

  • Landlord liability for failing to maintain heating systems, ventilation, or provide functioning CO detectors as required under Michigan safety standards.
  • Product liability if the CO detector or furnace contained a design or manufacturing defect or lacked adequate warnings.

Do not repair or replace the alarm yet. Preserve the unit, document the readings and symptoms, and get medical evaluation immediately. CO poisoning cases require expert investigation — something our team handles regularly with sensitivity to the seriousness of exposure injuries.

I slipped on black ice in a store parking lot — how do Michigan courts look at “open and obvious” in winter?

Michigan law has changed significantly. Today, a hazard being “open and obvious” does not automatically bar your claim. Property owners must still take reasonable steps to protect visitors, including salting, plowing, and inspecting their lots.

Black ice — especially when invisible, unsalted, or caused by melt-and-refreeze — can support a strong premises case. Take photos immediately, note weather conditions, save your shoes, and file an incident report. We evaluate these cases urgently because ice disappears fast.

I was hurt in a snowmobile crash — does Michigan no-fault apply, and what evidence should I gather on the trail?

No-fault does not typically apply to snowmobiles unless a car was involved. Your recovery usually comes from:

  • The at-fault snowmobile operator,
  • A defective snowmobile or part (product liability), or
  • A dangerous trail condition created by a landowner or trail groomer.

While still at the scene, gather:

  • GPS location, photos of the trail, signage, and visibility;
  • Snowmobile damage and any broken parts;
  • Witness names and phone numbers;
  • Helmet and gear — don’t dispose of anything; defects matter.

These cases require fast action before tracks disappear and conditions change. Our team handles winter-sport injury claims throughout Metro Detroit and across Michigan.

We noticed bedsores and medication errors during a holiday visit — what should we document before we leave the nursing home?

Nursing home neglect often becomes most visible during holiday visits. Before you leave:

  • Photograph all visible injuries, including bedsores, bruises, weight loss, and unsanitary conditions.
  • Write down names of staff on duty and anyone who provided explanations.
  • Request the resident’s chart or at least the medication administration record (MAR) — even if the facility refuses, your request creates a paper trail.
  • Note dates, times, and conversations in a simple log.

Then call us immediately. We handle elder-neglect cases with the same family-focused approach that defines our firm , and we take over the investigation so you don’t have to confront the facility alone.

I fell off a ladder hanging holiday lights — when is it a premises claim vs. a product defect?

A holiday-season fall can be either — or both:

  • Premises liability applies when a dangerous condition on someone’s property caused or contributed to the fall (ice, uneven ground, poorly maintained surfaces, unsafe access points).
  • Product liability applies if the ladder, light clips, or other equipment failed because of a defect in design, manufacturing, or warnings.

If you still have the ladder, do not throw it away. Store it safely, take photos from all angles, and document any broken components. We evaluate both theories so you receive the full compensation available under Michigan law.

A snowplow clipped my car — who can I hold responsible and what deadlines apply?

Responsibility depends on whether the snowplow was operated by a private company or a governmental agency:

  • Private snowplow: You may pursue the driver and company like any other negligence claim.
  • City/county/state-operated plow: Claims fall under the Governmental Tort Liability Act and have very strict notice deadlines, often requiring written notice within 120 days.

You should take photos immediately, get the plow truck number if possible, request the police report, and call us before speaking with any adjuster. These cases are complex — but we handle them regularly and ensure all legal notices are properly served.

I hit black ice and spun out — what are my first legal steps under Michigan no-fault?

Under Michigan’s no-fault law, your own auto insurer is responsible for paying your medical bills, lost wages, and replacement services — even if black ice caused the crash. Your first steps should be:

  • Report the accident to your insurance company immediately. Delays can affect your Personal Injury Protection (PIP) eligibility.
  • Seek medical care right away and follow all treatment plans.
  • Document everything — weather conditions, road conditions, photos of your vehicle, and the police report.
  • File your written Application for No-Fault Benefits within one year. Missing this deadline can bar your claim.

If another driver contributed to the crash or a governmental entity failed to maintain the roadway, you may also have a liability claim. Our team walks you through every step and ensures you don’t miss critical deadlines.

What should parents do after a school-bus-stop pedestrian incident to protect a child’s rights and evidence?
  1. Call 911 and get medical care; document injuries and keep all discharge instructions.
  2. Get the bus number, route, driver info, and police report number; note where the child was standing and where the vehicle stopped.
  3. Preserve video fast: ask the school district/bus contractor and nearby homes/businesses to retain footage; send a written preservation letter.
  4. PIP benefits: Child pedestrians usually claim PIP through a parent’s/household policy; if none, the Assigned Claims Plan can apply—notify within 1 year
  5. Traffic laws: Cars must stop at least 20 feet away when a school bus displays flashing red lights/stop arm. Violations carry serious penalties and are powerful evidence. 
  6. Governmental entities: If a governmental unit may be involved (e.g., roadway/signage issues), there are special notice rules and defenses—contact counsel promptly so deadlines aren’t missed. 

I was injured by a drunk driver after a holiday party—what claims can victims pursue, and when might dram-shop liability apply?

You may pursue: (a) No-Fault PIP benefits (medical/wage loss), (b) a negligence claim against the drunk driver for pain and suffering/economic loss beyond PIP, and (c) potentially a dram-shop claim against a bar/restaurant that illegally served a visibly intoxicated person or a minor who then caused your injury. Dram-shop cases have strict proof and notice requirements and a two-year limitation; talk to counsel quickly so we can lock down witness evidence and receipts/video. 

A delivery driver slipped on my porch and was bitten by my dog—how do Michigan premises duties and strict dog-bite liability apply?

Two layers here:

  • Premises: A delivery driver is typically an invitee. You owe a duty to take reasonable care (clear ice, salt, fix hazards, warn). The 2023 change means you can’t rely on “open and obvious” as a complete defense. 
  • Dog bite: Michigan has strict liability for dog bites when the victim is lawfully on the property and didn’t provoke the dog. Prior viciousness isn’t required. That can make the dog-bite portion of the claim straightforward even if the slip-and-fall issues are disputed. 

If the driver is on the job, their workers’ comp may cover them, but they can still bring claims against the homeowner.

I was hit in a Black Friday parking lot—how is fault determined in low-speed back-out or pedestrian collisions?

Parking lots are private property, but Michigan negligence rules still apply. Common patterns:

  • Two cars backing: both must keep a proper lookout—fault is often shared if both reversed simultaneously.
  • One backing, one traveling in the lane: the backing driver usually bears more fault for failing to yield to through-lane traffic.
  • Pedestrians: drivers must use reasonable care and yield to pedestrians in marked crossings and walkways; pedestrians must also use due care. Serious pedestrian injuries can meet Michigan’s threshold to sue for pain and suffering. Evidence (camera video, vehicle angles, point-of-impact, witness statements) drives these calls. 

I swerved to avoid a deer and hit a tree—do Michigan UM/UIM or PIP benefits apply even without hitting the deer?

PIP: Yes. If you were an occupant of a motor vehicle, PIP applies regardless of fault, even if no other vehicle was involved. File promptly.

UM/UIM: Usually no, because those cover negligent motorists. Most UM policies require contact with an at-fault vehicle (or specific corroboration rules for “miss-and-run”). Animals don’t count as uninsured motorists. Check your policy fine print and notify your carrier right away if there’s any chance another driver contributed. 

In Metro Detroit, who is responsible for sidewalk snow/ice removal—tenant, landlord, or the city—and how does that impact a claim?

Responsibility is often set by local ordinance. Many Metro Detroit communities require the adjacent property’s owner/occupant to clear the public sidewalk (e.g., Berkley and Royal Oak ordinances; Detroit also reminds owners they’re responsible). Leases can shift duties between landlord and tenant for premises liability, but cities can still ticket the abutting property for uncleared sidewalks. .

For injury claims: cities are usually protected by governmental immunity with narrow sidewalk exceptions; claims against a city have special notice rules and technical defenses. Meanwhile, after the 2023 Supreme Court change, “open and obvious” is no longer a complete defense for private owners. Translation: if a tenant/landlord failed to act reasonably under the ordinance and conditions, a claim can be viable—facts and notice rules matter. 

Could using all-season tires instead of winter tires affect fault or my insurance claim after a Michigan crash?

Michigan doesn’t require winter tires, but your tires must be safe (no exposed cords, adequate tread, no “unsafe” condition). Using worn or unsafe tires can support an insurer’s or defendant’s comparative negligence argument. Winter tires clearly improve winter stopping distance (state safety guidance endorses them), but just having all-seasons isn’t negligence by itself. Keep good tread and proper inflation, and use chains only when conditions make them reasonably necessary. 

Studded tires are tightly restricted by rule; practically, manufacturers haven’t met Michigan’s pavement-wear spec, so they’re generally not used here.

During darker commutes after the time change, what are Michigan’s pedestrian right-of-way rules at crosswalks?

Drivers must yield to pedestrians lawfully in a crosswalk at signalized intersections. When the pedestrian has a “WALK” or is otherwise lawfully in the crosswalk, vehicles must yield—even on a green turn arrow. Pedestrians should follow signals and only start crossing on “WALK.” 

Outside of signals, Michigan’s statewide law doesn’t require stopping for someone merely waiting at an un-signalized crosswalk unless a local ordinance says otherwise—some cities add stricter local rules. Always slow and be ready to stop. 

After the first-snow crash in Michigan, what No-Fault (PIP) benefits can I claim, and by what deadlines?

PIP benefits typically include: medical bills, up to 85% of lost wages for up to three years, household replacement services, and in tragic cases, survivor’s loss—regardless of who was at fault. Deadlines matter: generally you must give written notice of a PIP claim within 1 year of the crash, and lawsuits have “one-year-back” limits on what you can recover. There are exceptions if the insurer has already paid benefits, but don’t rely on that—notify promptly. 

If a guest slips on my icy front steps on Thanksgiving, when am I liable under Michigan premises law?

Michigan’s Supreme Court changed the rules in 2023. Property owners still owe lawful visitors a duty of reasonable care, and the old “open and obvious” doctrine is no longer a total shield—it’s now weighed as comparative fault by a jury rather than wiping out the claim at the start. Practically, if you knew (or should have known) about ice and didn’t take reasonable steps (salt, shovel, warn), you can be liable—even if the ice was visible. 

What to do as a homeowner: clear and salt, put down mats, fix drainage, and warn guests. If someone is hurt, document conditions and keep any camera footage.

During open enrollment, how does choosing coordinated vs. uncoordinated health insurance affect Michigan no-fault coverage?

Your health insurance choice affects how your medical bills are paid after a crash:

  • Coordinated coverage means your health insurance pays first, and your auto insurer covers the remainder. This can lower premiums but may include deductibles and network limits.
  • Uncoordinated coverage (also called “primary PIP”) means your auto insurer pays medical bills directly. It costs more but offers more freedom in choosing doctors and avoiding out-of-pocket costs.

If you’re self-employed or have limited health coverage, uncoordinated PIP may offer better long-term protection.

If I fall from a ladder during fall cleanup, is it a premises claim, a product defect claim, or both?

It could be both, depending on what caused the fall.

  • If the ladder failed due to a defect — such as a broken rung or faulty design — it may be a product liability claim.
  • If the property conditions were unsafe, like uneven ground or improper setup, it could be a premises liability claim.

Preserve the ladder, take photos, and document everything before repairs or disposal. An attorney can help determine which legal theories apply.

What no-fault benefits am I entitled to after a car crash in Michigan, and what are the key deadlines?

If you’re injured in a Michigan crash, you may be entitled to:

  • Medical expenses (up to your selected PIP limit)
  • Wage loss (up to 85% of your income for three years)
  • Replacement services ($20/day for help with household tasks)
  • Attendant care, if medically necessary

You must submit your written PIP application within one year of the crash, but it’s best to file within 30 days. If another driver caused your crash and you suffered a serious impairment, you may also pursue a pain and suffering claim against that driver.

Who can be held responsible for a work zone crash — another driver, the contractor, or MDOT — and how do I prove it?

Responsibility for a Michigan work zone crash can rest with several parties:

  • Another driver who was speeding, distracted, or failed to obey warning signs.
  • The road contractor, if the signage, cones, or barriers were missing or improperly placed.
  • MDOT or a local agency, if they approved an unsafe traffic control plan.

To prove fault, gather photos, police reports, witness statements, and dash-cam video. Construction zone cases often require expert analysis to show where safety standards weren’t followed.

How does Michigan’s strict liability dog bite law apply to bites that happen on Halloween night?

Michigan’s dog bite statute (MCL 287.351) makes owners strictly liable when their dog bites someone without provocation, regardless of the dog’s past behavior.

If a trick-or-treater or guest is bitten while lawfully on the property, the owner is responsible — even if the dog had never shown aggression before. Only trespassing or provocation can serve as valid defenses. If bitten, seek medical care immediately, report the incident to animal control, and take photos of your injuries.

When do school waivers not prevent a claim for a student’s sports injury in Michigan?

School or sports waivers usually protect against ordinary risks, but not against negligence or reckless conduct. If a coach forces a student to play while injured, ignores concussion protocols, or fails to maintain safe equipment, a waiver may not apply.

Michigan courts often look at whether the injury resulted from normal play or from a failure to follow safety rules. Parents should keep all documentation, including emails, medical reports, and the signed waiver.

What evidence should I gather immediately after a first-freeze slip-and-fall on an icy Michigan sidewalk?

Evidence disappears quickly in cold-weather accidents, so act fast:

  • Take clear photos of the ice, lighting, and surrounding area before it’s salted or melts.
  • Collect witness names and contact information.
  • Note the exact time, temperature, and weather conditions.
  • Report the incident to the property owner or manager.
  • Save your shoes and clothing — they may help show how the fall happened.

Michigan’s “open and obvious” rule can complicate these cases, but hidden or untreated ice may still create liability if proper maintenance wasn’t performed.

Can I sue a haunted house or corn maze if I signed a waiver but was injured due to unsafe conditions?

A signed waiver doesn’t automatically protect a business from liability. In Michigan, waivers do not cover gross negligence, reckless behavior, or hazards outside the normal “scare” experience.

For example, if you tripped over a loose board, were injured by an unsafe structure, or got hurt in an overcrowded area with no emergency exits, you may still have a valid claim. Keep your waiver and take photos of the unsafe condition if possible.

After a deer-related crash in Michigan, does PIP cover my injuries if I didn’t hit the deer but swerved and crashed?

Yes. Under Michigan’s No-Fault Personal Injury Protection (PIP) coverage, your injuries are covered even if you never made contact with the deer. As long as the crash involved the “use of a motor vehicle,” PIP applies — even if you swerved into a ditch or tree to avoid the animal.

Your PIP benefits include medical expenses, lost wages, and replacement services (like help around the house), up to your chosen policy limit. However, vehicle damage is covered under comprehensive coverage, not PIP.

On Halloween, when is a Michigan homeowner liable if a trick-or-treater is injured on their property?

Halloween brings excitement — and a lot of foot traffic. In Michigan, a homeowner may be liable if a trick-or-treater’s injury results from a dangerous condition the owner knew or should have known about and failed to fix or warn others about. Examples include broken porch steps, hidden extension cords, or poor lighting.

If the danger wasn’t obvious, or a child was injured by something that could have been prevented with reasonable care, the homeowner could be held responsible.

Tip: Keep walkways clear, repair hazards, and use good lighting. Homeowners’ insurance may cover such injuries, but it’s smart to speak with an attorney to understand your liability or rights as an injured visitor.