Wednesday, April 26, 2017

Michigan Supreme Court Strikes Down Slip and Fall Case



Just as Michigan was ready to put winter in its rear-view mirror, a recent order from the Michigan Supreme Court brought ice and snow back into focus.

Black Ice Causes Slip and Fall Accident

Marguerite Ragnoli was walking in the parking lot at North Oakland-North Macomb Imaging, Inc. The sun had gone down, but the lights in the parking lot hadn’t come on yet. Temperatures hovered around freezing, and a heap of snow was piled in the parking lot. It was warm enough that the pavement was wet and the snow was melting. Ragnoli slipped on a patch of black ice and fell, suffering serious injuries. She sued North Oakland-North Macomb Imaging, Inc., based on premises liability.

Premises Liability, Slip and Fall, and Icy Weather

When property owners invite people onto their property, they are required to take reasonable care to protect them from dangerous conditions causing an unreasonable risk of harm. But where those dangers are “open and obvious” it is up to the visitor, not the property owner to avoid the danger.
“Open and obvious” means that an average person would have discovered the danger through a casual inspection. When it comes to ice and snow, the question of an open and obvious risk depends on the surrounding weather conditions. Where wintry conditions exist, individuals are generally put on notice of the risk of ice and snow. They walk at their own risk.

Court of Appeals Finds Special Aspects to Parking Lot

Even when wintry conditions abound, a premises liability lawsuit can survive if certain “special aspects to the condition” exist. In Ragnoli’s case, last year the Michigan Court of Appeals found that the darkness of the parking lot created just such a special aspect. The court found that a question of fact existed as to whether “a lack of lighting in the parking lot prevented Marguerite from seeing the ice.”

Michigan Supreme Court Strikes Down Slip and Fall Case

Recently, the Michigan Supreme Court issued an order (in lieu of granting leave to appeal) overturning the Court of Appeal’s decision. The Court said:
“[N]otwithstanding the low lighting in the parking lot, the presence of wintery weather conditions and of ice on the ground elsewhere on the premises rendered the risk of a black ice patch ‘open and obvious such that a reasonably prudent person would foresee the danger’ of slipping and falling in the parking lot.”
The Supreme Court order solidified the “open and obvious” defense to a premises liability lawsuit, making it very hard for plaintiffs to collect benefits for slip and fall cases based on ice and snow. It takes an experienced personal injury attorney like Dani K. Liblang of The Liblang Law Office, PC, in Birmingham, Michigan, to identify winning legal theories and collect benefits for plaintiffs’ injuries. If you have been injured in a slip and fall accident, contact The Liblang Law Office, PC, to find out if you have a case.

Wednesday, April 19, 2017

Buying a Used Car “As Is”? Read This First



When money is tight, buying a used car “as is” may be tempting. But is it worth the risk? Find out what you are giving up before your sign the title.

Wednesday, April 12, 2017

Fatal Good Samaritans Accident Raises Questions



A teen driver recently hit two Good Samaritans who were assisting injured motorists. The crash raises questions about whether alcohol or distracted driving was involved, and who is to blame for the damages.

Wednesday, April 5, 2017

Liblang Law Firm, PC, Wins on Hyundai Lemon Law Lawsuit



What would you do if your brand new car went to the shop 21 times in just a few years? For one Liblang Law Firm, PC, client, that red flag led to a winning lemon law lawsuit.

Wednesday, March 29, 2017

1 in 4 U.S. Vehicles Subject to Recall, Study Finds


Is the car you are driving safe? If yours is one of the 63 million vehicles subject to recall across the country, you and your family could be taking an unnecessary risk.

Wednesday, March 22, 2017

5 Hour Energy Used Deceptive Ads, Court Says


In the battle for energizing American citizens, advertising claims have ranged from the silly (Red Bull “gives you wings”) to the scientific. But a Washington state court recently ruled that 5 Hour Energy crossed the line when it made claims about the medical benefits of its product.

Wednesday, March 15, 2017

Top 10 Consumer Protection Complaints in Michigan for 2016



Consumer protection covers a wide variety of state and federal complaints. Find out what the top 10 consumer protection complaints in Michigan were in 2016, and how the state stacks up to the rest of the country.

Wednesday, March 8, 2017

Do You Really Own Your Used Car?



You go to the used car lot, sign a contract, and drive away with a new-to-you vehicle. You own it, right? Wrong. Find out what happens when the dealership doesn’t transfer title to your used car.

Wednesday, March 1, 2017

The Yahoo Email Hack You Need to Know About



Yahoo! seems to constantly coming up in the news, and not in a good way. But the latest Yahoo email hack is different, and what you don’t know could hurt you.

Wednesday, February 22, 2017

Beyond Lemon Law: Obstacles to Settlement



Veteran lemon law lawyer Dani K. Liblang recently spoke at the Institute of Continuing Legal Education. Find out what she says are the biggest obstacles to settlement in a lemon law case.

Wednesday, February 15, 2017

Beyond Lemon Law: Settling Lemon Law Cases


Veteran lemon law lawyer Dani K. Liblang recently spoke at the Institute of Continuing Legal Education. Find out what she believes makes an auto defect claim ripe for settlement.

Wednesday, February 8, 2017

Beyond Lemon Law: Depositions & Vehicle Inspections


Veteran lemon law lawyer Dani K. Liblang recently spoke at the Institute of Continuing Legal Education. Find out how plaintiffs’ depositions and vehicle inspections can make or break your case.

Wednesday, February 1, 2017

Beyond Lemon Law: What Makes a Strong Case

 
Veteran lemon law lawyer Dani K. Liblang recently spoke at the Institute of Continuing Legal Education. Find out what she says makes a strong lemon law claim.

Wednesday, January 25, 2017

Attorney Dani K. Liblang Goes Beyond Lemon Law with the Institute of Continuing Legal Education


There are a lot of lawyers out there, but not all of them can help you when your car doesn’t live up to the hype. When a persistent problem sends you back to the dealership for a 4th time, you need a lemon law expert. Attorney Dani K. Liblang of The Liblang Law Firm, P.C., was recently asked to speak on the issue by the Institute of Continuing Legal Education.

Wednesday, January 18, 2017

Volkswagen Settles Consumer Fraud Claims with Justice Department, EPA



Auto manufacturer Volkswagen has settled criminal and civil charges by the Justice Department and Environmental Protection Administration. The company has agreed to pay $4.3 billion in penalties and several employees face individual charges as a result of a decade-long emissions scandal.

Wednesday, January 11, 2017

Resolved to Join a Gym in 2017? Read This First


Every year, thousands of people commit to get healthy in the new year. Maybe you resolved to join a gym or workout more in 2017. If you did, you make sure you do your research, or you could be facing a consumer protection disaster.

Wednesday, January 4, 2017

Broken Pavement Could Not Matter Under New Law



When you trip on broken pavement sometimes it’s just a scraped knee. But other times a poorly maintained sidewalk can cause serious injuries. When that happens you need to know there is somewhere you can turn to recover your damages. But a new law could stand between personal injury plaintiffs and government defendants.