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        <title><![CDATA[Personal Injury - Vahdat Weisman Law]]></title>
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        <link>https://www.thevwlaw.com/blog/categories/personal-injury/</link>
        <description><![CDATA[Vahdat Weisman Law's Website]]></description>
        <lastBuildDate>Thu, 14 Aug 2025 21:30:06 GMT</lastBuildDate>
        
        <language>en-us</language>
        
            <item>
                <title><![CDATA[Premises Liability Claims and Trespassers: What’s The Law?]]></title>
                <link>https://www.thevwlaw.com/blog/premises-liability-claims-and-trespassers-whats-the-law/</link>
                <guid isPermaLink="true">https://www.thevwlaw.com/blog/premises-liability-claims-and-trespassers-whats-the-law/</guid>
                <dc:creator><![CDATA[Vahdat Weisman Law]]></dc:creator>
                <pubDate>Tue, 22 Apr 2025 23:04:00 GMT</pubDate>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                
                
                
                <description><![CDATA[<p>The way premises liability laws typically work when it comes to commercial properties is that property owners have a responsibility to keep the property as safe as reasonably possible for those with a right to be on the property – for example, employees and customers. If someone is deemed to be a trespasser, however, that&hellip;</p>
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                <content:encoded><![CDATA[
<p>The way premises liability laws typically work when it comes to commercial properties is that property owners have a responsibility to keep the property as safe as reasonably possible for those with a right to be on the property – for example, employees and customers.</p>



<p>If someone is deemed to be a trespasser, however, that responsibility (also known as a “duty of care”) is significantly lower. For example, if someone climbs over a fence marked with “No Trespassing” signs and steps in a hole or slips on ice, they likely can’t seek compensation for their injuries since they had no right to be there.</p>



<p>Under Michigan law, a property owner “owes no duty of care to a trespasser and is not liable to a trespasser for physical harm caused by the possessor’s failure to exercise reasonable care….”</p>



<p>Of course, there are all kinds of “trespassers.” A person who enters a store after it’s closed to steal is very different from someone who is curious about an empty office space and walks in through an unlocked door to look around. However, neither may have any recourse if they’re injured.&nbsp;</p>



<h2 class="wp-block-heading" id="h-when-can-property-owners-be-liable-for-injuries-to-trespassers">When Can Property Owners Be Liable for Injuries to Trespassers?</h2>



<p>Property owners and others in charge of a property (like renters or leasees) have some duty of care to trespassers. Michigan law says they “may be subject to liability for physical injury or death to a trespasser” if they knew or should have known of a trespasser’s presence and “failed to use ordinary care to <a href="https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-554-583" target="_blank" rel="noreferrer noopener">prevent injury to the trespasser</a> arising from active negligence.” The same is true if they knew or should have known that “trespassers constantly intrude on a limited area of the land.”</p>



<p>The law also states that property owners may be held liable if they “injured the trespasser by willful and wanton misconduct.” For example, they can’t “booby trap” a property with the intention of injuring trespassers. They also <a href="https://mix957gr.com/can-you-legally-shoot-trespassers-in-michigan/" target="_blank" rel="noreferrer noopener">can’t just shoot anyone</a> who sets foot on their property without permission if that person’s not breaking into a structure or threatening harm.</p>



<p>Note that these sections of the law apply to adults. Property owners owe a greater duty of care to children who may be technically trespassing. The law assumes that children may not be able to fully understand the potential risks of trespassing.</p>



<p>If you or a loved one has been <a href="/practice-areas/premises-liability/">injured on a commercial property</a> by a hazardous condition and are facing pushback from a property owner with accusations of trespassing, it’s smart to get legal guidance. This can help you determine your right to compensation under Michigan law.</p>
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                <title><![CDATA[Understanding Your Right to Recover Property Damages]]></title>
                <link>https://www.thevwlaw.com/blog/understanding-your-right-to-recover-property-damages/</link>
                <guid isPermaLink="true">https://www.thevwlaw.com/blog/understanding-your-right-to-recover-property-damages/</guid>
                <dc:creator><![CDATA[Vahdat Weisman Law]]></dc:creator>
                <pubDate>Tue, 11 Feb 2025 23:03:00 GMT</pubDate>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                
                
                
                <description><![CDATA[<p>Many people have insurance for their home or vehicle. This insurance can help cover the potential cost to repair or replace property after an incident.&nbsp; However, if an insurance company fails to provide an owner with fair compensation for property damages, the owner must file a property damage claim. Here is what you should know:&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Many people have insurance for their home or vehicle. This insurance can help cover the potential cost to repair or replace property after an incident.&nbsp;</p>



<p>However, if an insurance company fails to provide an owner with fair compensation for property damages, the owner must file a property damage claim. Here is what you should know:</p>



<h2 class="wp-block-heading" id="h-why-would-you-need-to-file-a-property-damage-claim">Why Would You Need to File a Property Damage Claim?</h2>



<p>Property damage may occur as a result of natural disasters (flooding, fires, hail, etc.) or accidents (vehicle accidents, fallen trees, etc.). Damages could lead to security and safety risks, emotional distress and financial difficulties for owners.&nbsp;</p>



<p>Unfortunately, insurance adjusters exist to protect the insurance company – not pay claims. An adjuster may seek to unfairly deny or devalue a claim. In those situations, the property owners need to aggressively assert their rights.</p>



<h2 class="wp-block-heading" id="h-what-can-you-recover-from-a-successful-property-damage-claim">What Can You Recover From a Successful Property Damage Claim?</h2>



<p>The type of compensation that can be recovered from a property damage claim often depends on the cost of repairing or replacing the property. Some common damages that can be recovered with a property damage claim include:</p>



<ul class="wp-block-list">
<li>Residential property damages: Repairs to a home may include fixing the roof, plumbing, foundation, doors or windows.</li>



<li>Commercial property damages: A business owner may seek repairs or replacements for company vehicles, destruction of products or theft.</li>



<li>Vehicle damages: A vehicle owner may seek damages to cover the costs of vehicle repairs or rental costs after an accident or natural disaster.</li>



<li>Personal property: Individuals may seek replacements for electronics, tools, jewelry or other valuables.</li>
</ul>



<p>Replacing or repairing property may not be the only cost that can be recovered with a property damage claim. In some cases, the cost to clean up damages, relocate residents or locate replacement parts can lead to additional expenses.&nbsp;</p>



<h2 class="wp-block-heading" id="h-how-long-do-you-have-to-file-a-property-damage-claim-in-michigan">How Long Do You Have to File a Property Damage Claim in Michigan?</h2>



<p>It is crucial to understand that a property damage claim must be made within a deadline. In Michigan, the statute of limitations for a <a href="https://www.findlaw.com/state/michigan-law/michigan-civil-statute-of-limitations-laws.html" target="_blank" rel="noreferrer noopener">property damage claim is three years</a>. This lawsuit can seek to repair or replace damaged or destroyed property. Failing to file a claim within three years could prevent a property owner from recovering compensation.</p>



<p><a href="/practice-areas/property-damage-claims/">Legal guidance</a> is available to property owners seeking fair compensation for their damages and losses.&nbsp;</p>
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                <title><![CDATA[How to Know When a Dog Bite Injury Requires Medical Intervention]]></title>
                <link>https://www.thevwlaw.com/blog/how-to-know-when-a-dog-bite-injury-requires-medical-intervention/</link>
                <guid isPermaLink="true">https://www.thevwlaw.com/blog/how-to-know-when-a-dog-bite-injury-requires-medical-intervention/</guid>
                <dc:creator><![CDATA[Vahdat Weisman Law]]></dc:creator>
                <pubDate>Mon, 03 Feb 2025 23:01:00 GMT</pubDate>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                
                
                
                <description><![CDATA[<p>For many people, dogs are loving and loyal companions. However, like most animals, they may bite their owners or strangers for a variety of reasons. In the event of a dog bite, victims may suffer serious health complications if they don’t seek medical intervention. Understanding when a dog bite requires medical attention can help victims&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>For many people, dogs are loving and loyal companions. However, like most animals, they may bite their owners or strangers for a variety of reasons. In the event of a dog bite, victims may suffer serious health complications if they don’t seek medical intervention.</p>



<p>Understanding when a dog bite requires medical attention can help victims address their injuries before they get out of control. Victims of dog bites can also benefit from knowing how to hold a dog owner accountable for personal injury.</p>



<h2 class="wp-block-heading" id="h-when-to-seek-medical-attention-for-a-dog-bite">When to Seek Medical Attention for a Dog Bite</h2>



<p>A dog bite victim should seek immediate medical assistance if the bite:</p>



<ul class="wp-block-list">
<li>Penetrates deep into the skin</li>



<li>Damages muscles</li>



<li>Causes excessive bleeding</li>
</ul>



<p>In such instances, immediate medical attention is necessary to prevent infection and help ensure proper wound care.</p>



<p>Victims should also rush to the nearest hospital if their wound becomes red, swollen, warm or discharges pus. These signs may indicate that the wound may be infected. Other signs include fever, chills and swollen lymph nodes. <a href="https://www.aafp.org/pubs/afp/issues/2001/0415/p1567.html#:~:text=Occasionally%2C%20outpatient%20treatment%20of%20infection,%2C%20joint%2C%20tendon%20or%20nerve." target="_blank" rel="noreferrer noopener">Dog saliva carries bacteria</a> like <em>Pasteurella</em> and <em>Capnocytophaga</em>, which can cause severe infections in a bite wound that’s left untreated.</p>



<p>Medical intervention is also required if direct pressure does not stop the bleeding within 10 to 15 minutes. Excessive blood loss can be dangerous and might indicate damage to an artery or vein.</p>



<p>If a victim experiences numbness, weakness or difficulty moving the affected area, the bite may have caused nerve or tissue damage. A doctor should evaluate the injury to determine the best course of treatment.</p>



<h2 class="wp-block-heading" id="h-holding-the-dog-owner-accountable-in-michigan">Holding the Dog Owner Accountable in Michigan</h2>



<p>The Greate Lake State follows the <a href="https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-287-351#:~:text=(1)%20If%20a%20dog%20bites,the%20dog%20or%20the%20owner's" target="_blank" rel="noreferrer noopener">Michigan Dog Bite Statute (MCL 287.351)</a> for dog bites. According to this legislation, dog owners can be held liable for injuries caused by their dogs, even if the dog has never bitten anyone before. The dog bite victims can pursue compensation if the bite occurred in a public place. However, the victim needs to demonstrate that they did not provoke the dog in any way.</p>



<p>Dog bites can lead to serious health complications for unsuspecting victims who get attacked. Seeking prompt medical attention can help ensure proper treatment and prevent complications. Victims bitten by a dog in Michigan generally have the right to <a href="/practice-areas/">hold the owner accountable</a> for their injuries if they didn’t provoke the aggressive dog at issue.</p>
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                <title><![CDATA[What Does It Mean to Get Doored in Michigan?]]></title>
                <link>https://www.thevwlaw.com/blog/what-does-it-mean-to-get-doored-in-michigan/</link>
                <guid isPermaLink="true">https://www.thevwlaw.com/blog/what-does-it-mean-to-get-doored-in-michigan/</guid>
                <dc:creator><![CDATA[Vahdat Weisman Law]]></dc:creator>
                <pubDate>Tue, 28 May 2024 22:11:00 GMT</pubDate>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                
                
                
                <description><![CDATA[<p>Getting doored is something that can happen to a cyclist when they are riding near a line of parked cars. These cars may simply be parked on the side of the street, as the cyclist is riding on the right-hand edge of the travel lane. In some cases, there will even be parking spaces on&hellip;</p>
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                <content:encoded><![CDATA[
<p>Getting doored is something that can happen to a cyclist when they are riding near a line of parked cars. These cars may simply be parked on the side of the street, as the cyclist is riding on the right-hand edge of the travel lane. In some cases, there will even be parking spaces on the street with a dedicated bike path running along next to them.</p>



<p>In either case, the danger to the cyclist is that someone may get out of one of those parked cars. This could happen unexpectedly and very suddenly. As soon as the <a href="https://sfbike.org/news/safety-tip-how-to-avoid-dooring-and-what-to-do-if-you-are-doored/" target="_blank" rel="noreferrer noopener">door swings open</a>, the cyclist runs into the open door, causing a severe high-speed crash. There are also dooring cases where the person will step out of the car and the cyclist will hit them directly.</p>



<h2 class="wp-block-heading" id="h-why-does-it-happen">Why Does It Happen?</h2>



<p>The simple reason why this happens is that people in vehicles often do not check to see if it’s safe for them to step out into the street. Drivers could always avoid dooring accidents if they just looked in the mirrors to see if a cyclist was coming up behind them. And, while many drivers do check each time, there will always be drivers who fail to do so.</p>



<h2 class="wp-block-heading" id="h-why-can-t-the-cyclist-avoid-the-crash">Why Can’t the Cyclist Avoid the Crash?</h2>



<p>The blame doesn’t fall on the cyclist because they likely have no choice. They don’t have enough space to stop and they can’t swerve to the left or they would be riding their bike into the oncoming traffic lanes.</p>



<h2 class="wp-block-heading" id="h-seeking-compensation">Seeking Compensation</h2>



<p>Are you a cyclist who has recently been injured by a negligent and inattentive driver? If so, you need to know how to seek financial compensation for medical bills and more.</p>
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                <title><![CDATA[Parents, It’s Time to Get Your Teen Driver Ready for Summertime]]></title>
                <link>https://www.thevwlaw.com/blog/parents-its-time-to-get-your-teen-driver-ready-for-summertime/</link>
                <guid isPermaLink="true">https://www.thevwlaw.com/blog/parents-its-time-to-get-your-teen-driver-ready-for-summertime/</guid>
                <dc:creator><![CDATA[Vahdat Weisman Law]]></dc:creator>
                <pubDate>Mon, 22 Apr 2024 22:12:00 GMT</pubDate>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                
                
                
                <description><![CDATA[<p>When summer soon arrives, it will mark the start of what traffic safety experts call the “100 Deadliest Days.” This period runs from Memorial Day to Labor Day. During these months, the number of crashes involving teenage drivers spikes significantly. That’s why it’s crucial for parents to begin preparing their teen drivers to remain safe&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>When summer soon arrives, it will mark the start of what traffic safety experts call the “100 Deadliest Days.” <a href="https://www.cbsnews.com/losangeles/news/aaa-warns-of-the-100-deadliest-days-of-driving/" target="_blank" rel="noreferrer noopener">This period</a> runs from Memorial Day to Labor Day. During these months, the number of crashes involving teenage drivers spikes significantly. That’s why it’s crucial for parents to begin preparing their teen drivers to remain safe on the roads well before summer starts.&nbsp;</p>



<p>Teen drivers often have less road experience under their belts than adult motorists do, which can make driving safely a challenge, especially in busy summer traffic. This inexperience can lead to mistakes if they’re not prepared. As such, getting in practice in the spring months can help teens to better navigate the challenges of summer driving.&nbsp;</p>



<h2 class="wp-block-heading" id="h-what-can-you-do-to-help-your-teen">What Can You Do to Help Your Teen?</h2>



<p>If you’re the parent of a relatively inexperienced teen driver, consider engaging in the following this spring, in anticipation of summer hazards:</p>



<ul class="wp-block-list">
<li><strong>Practice together:</strong> Spend time driving with your teen. Go on both short and long trips, and practice on different roads and at different times of day. This variety can help them learn how to handle various driving situations.</li>



<li><strong>Set rules:</strong> Make clear rules about using phones, the number of friends in the car and where and when they can drive. Setting informed limits can reduce the risk of accidents.</li>



<li><strong>Talk about risks:</strong> Discuss the serious risks of driving, like speeding and drinking alcohol. Make sure your teen knows how important it is to follow the law and make smart choices.</li>
</ul>



<p>Additionally, you’ll want to keep in mind that teens learn a lot by watching their parents. When you’re driving, show good habits like wearing your seatbelt, following speed limits and not using your phone. This can set a positive example for your teen as you work to keep them safer in more “hands on” ways this spring.&nbsp;</p>
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                <title><![CDATA[My Child Was Hurt at a School Playground — Can I Sue?]]></title>
                <link>https://www.thevwlaw.com/blog/my-child-was-hurt-at-a-school-playground-can-i-sue/</link>
                <guid isPermaLink="true">https://www.thevwlaw.com/blog/my-child-was-hurt-at-a-school-playground-can-i-sue/</guid>
                <dc:creator><![CDATA[Vahdat Weisman Law]]></dc:creator>
                <pubDate>Tue, 15 Aug 2023 21:51:00 GMT</pubDate>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                
                
                
                <description><![CDATA[<p>Kids love the rush that swings bring, speeding down slides and testing their physical skills on monkey bars. Playgrounds allow your child to exercise their bodies and minds while having fun. As children, scratches and bruises are typical during play. Still, no parent wants to see their child seriously injured because of faulty school playground&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Kids love the rush that swings bring, speeding down slides and testing their physical skills on monkey bars. Playgrounds allow your child to exercise their bodies and minds while having fun. As children, scratches and bruises are typical during play. Still, no parent wants to see their child seriously injured because of faulty school playground equipment.</p>



<p>Over 200,000 children are taken to the hospital every year due to a <a href="https://www.cpsc.gov/safety-education/safety-guides/playgrounds/public-playground-safety-checklist" target="_blank" rel="noreferrer noopener">playground-related injury</a>. Although playgrounds are a lot of fun for kids, accidents can still happen. Playgrounds frequently feature unsafe conditions, including sharp protruding edges, slippery surfaces, trip hazards and other potential sources of injury.</p>



<h2 class="wp-block-heading" id="h-common-playground-injuries">Common Playground Injuries</h2>



<p>Minor injuries like cuts and scrapes are normal and almost expected from playgrounds. However, broken equipment, lack of supervision and faulty playground design can cause children to suffer serious harm while playing.</p>



<p>Below are some playground-related injuries that may require a visit to the emergency room:</p>



<ul class="wp-block-list">
<li>Traumatic brain injury</li>



<li>Sprains and strains</li>



<li>Internal organ injury</li>



<li>Dislocation</li>



<li>Fractures</li>
</ul>



<p>There have also been reports of playgrounds causing falls, strangulations and fatalities.</p>



<h2 class="wp-block-heading" id="h-who-is-liable">Who Is Liable?</h2>



<p>Michigan’s <a href="https://casetext.com/statute/michigan-compiled-laws/chapter-408-labor/the-playground-equipment-safety-act/section-408686-public-playground-equipment-responsibility-for-maintenance-repair-and-upkeep" target="_blank" rel="noreferrer noopener">Playground Equipment Safety Act</a> imposes that a playground’s operator, the person or entity who owns and operates the equipment, is responsible for its maintenance. If your child suffers harm on a school-owned playground, the school may be found responsible for failing to maintain or repair it.</p>



<p>Allowing playground equipment to deteriorate over time can pose an obvious danger that may cause serious harm to users.</p>



<p>To preserve the safety of the students, schools should conduct routine inspections of playground equipment and fix any known issues. Not doing so may indicate that they’ve failed to exercise a reasonable amount of care for their students.</p>



<p>Moreover, if a school staff member or teacher fails to keep an eye on your child during playtime or does not take reasonable precautions to protect your child from suffering foreseeable harm, you may be able to hold them accountable for negligent supervision.</p>



<p>Before pursuing legal action, it may be beneficial to seek advice from an attorney. Holding a school accountable can be an overly complex and tedious process. While you can sue a school on your own, speaking with an attorney beforehand can help you determine the strength of your case.</p>
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                <title><![CDATA[Who Is Liable if My Child Gets Injured at Camp?]]></title>
                <link>https://www.thevwlaw.com/blog/who-is-liable-if-my-child-gets-injured-at-camp/</link>
                <guid isPermaLink="true">https://www.thevwlaw.com/blog/who-is-liable-if-my-child-gets-injured-at-camp/</guid>
                <dc:creator><![CDATA[Vahdat Weisman Law]]></dc:creator>
                <pubDate>Mon, 05 Jun 2023 21:54:00 GMT</pubDate>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                
                
                
                <description><![CDATA[<p>As the school year winds down, many Michigan families are finalizing their plans for the summer. Summer camp is a great opportunity for kids to focus on their favorite activities and hobbies while spending time with friends. Summer camp may require your child to be away from home for an extended period. If you sign&hellip;</p>
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                <content:encoded><![CDATA[
<p>As the school year winds down, many Michigan families are finalizing their plans for the summer. Summer camp is a great opportunity for kids to focus on their favorite activities and hobbies while spending time with friends.</p>



<p>Summer camp may require your child to be away from home for an extended period. If you sign your child up for summer camp, you will have to trust the company running the camp, as well as its employees, to make sure your kids are safe. The camp and its employees have <a href="https://www.findlaw.com/legalblogs/personal-injury/whos-responsible-for-summer-camp-injuries/" target="_blank" rel="noreferrer noopener">a legal duty to provide reasonable care to your children while they are attending camp</a>.</p>



<p>If the camp and/or employees of the camp breach this duty, they may have acted negligently. Negligence may contribute to or cause a camper to suffer an injury. Camper injuries may be caused by:</p>



<ul class="wp-block-list">
<li>Slip-and-fall accidents</li>



<li>Horseback riding accidents</li>



<li>Insect or animal bites</li>



<li>Heat exhaustion</li>



<li>Swimming accidents</li>



<li>Bus or car accidents</li>



<li>Fights with other campers</li>



<li>Employee’s abuse</li>
</ul>



<p>If your child is injured while at summer camp, you may be able to file a <a href="/practice-areas/child-injuries-at-school-sports-daycare/">personal injury</a> claim against the camp. Some examples of camp negligence include:</p>



<ul class="wp-block-list">
<li>Failing to properly supervise campers</li>



<li>Failing to perform background checks on employees</li>



<li>Failing to properly train employees</li>



<li>Failing to properly maintain premises/equipment</li>
</ul>



<p>The camp may be liable for employee negligence under the doctrine of respondeat superior, as long as the employee was acting within the scope of their employment at the time of the incident.</p>



<p>Summer camp should be a positive experience for your children. Even if your child’s camp made you sign a waiver to protect itself from lawsuits, the waiver may not apply if your child’s injury occurred due to the camp’s negligence.</p>
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                <title><![CDATA[Premises Liability Prominent Issue Before Michigan Supreme Court]]></title>
                <link>https://www.thevwlaw.com/blog/premises-liability-prominent-issue-before-michigan-supreme-court/</link>
                <guid isPermaLink="true">https://www.thevwlaw.com/blog/premises-liability-prominent-issue-before-michigan-supreme-court/</guid>
                <dc:creator><![CDATA[Vahdat Weisman Law]]></dc:creator>
                <pubDate>Mon, 27 Feb 2023 16:12:00 GMT</pubDate>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                
                
                
                <description><![CDATA[<p>Cases brought before and decided by a state’s highest court often rest on specific questions in different areas of law. During the first week of March, the Supreme Court of Michigan will hear oral arguments on three cases concerning the application of, and exceptions to, the “open and obvious” doctrine of premises liability. Though different&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Cases brought before and decided by a state’s highest court often rest on specific questions in different areas of law.</p>



<p>During the first week of March, the <a href="https://www.courts.michigan.gov/news-releases/2023/supreme-court-announces-march-1-2-oral-argument-schedule/" target="_blank" rel="noreferrer noopener">Supreme Court of Michigan</a> will hear oral arguments on three cases concerning the application of, and exceptions to, the “open and obvious” doctrine of premises liability.</p>



<p>Though different in detail, each case involves decisions by lower courts in which a person invited onto another’s property suffered injuries from a slip and fall to which the owner countered that the doctrine did not apply.</p>



<h2 class="wp-block-heading" id="h-uneven-sidewalks-and-darkness-an-open-and-obvious-condition">Uneven Sidewalks and Darkness: An Open and Obvious Condition?</h2>



<p>The first case involves a plaintiff who tripped over a raised section of sidewalk. Both lower courts held for the defendant on the grounds that uneven sections of the ground were “open and obvious.” Because the condition was open and obvious, the courts reasoned, the plaintiff should have seen them, and cannot hold the defendant liable.</p>



<p>The court will hear arguments to consider whether minor height differentials in sidewalks and darkness meet the <a href="https://www.courts.michigan.gov/490b80/siteassets/case-documents/uploads/opinions/final/coa/20210311_c350220_46_350220.opn.pdf" target="_blank" rel="noreferrer noopener">standard for the open and obvious doctrine</a>. The question in this doctrine is whether an average person would have been able to perceive the danger.</p>



<p>The other two cases address very similar questions regarding the applicability of the doctrine and the scope of its exceptions. In the first, the plaintiff sought relief after she fell on the snow and ice outside the defendant’s gas station.</p>



<p>Both lower courts agreed with the defendant’s claim that the conditions were an open and obvious condition and not an effectively unavoidable exception.</p>



<p>Lastly, the court will address multiple issues related to the open and obvious doctrine on which lower courts held differently.</p>



<p>Two concern whether a cable used to close off a checkout lane in the defendant’s store constitute an open and obvious condition. Two others address the circumstances under which the doctrine should apply and whether a jury should consider the doctrine to assess fault, respectively.</p>



<p>Slip and falls often occur without warning and can result in serious medical injuries. Each incident, however, involves a specific person, place and circumstances that must satisfy legal tests. An attorney who understands the distinctions in <a href="/practice-areas/premises-liability/proving-liability/">premises liability law</a> can offer guidance.</p>
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                <title><![CDATA[What Are The Most Common Causes of Spinal Cord Injuries?]]></title>
                <link>https://www.thevwlaw.com/blog/what-are-the-most-common-causes-of-spinal-cord-injuries/</link>
                <guid isPermaLink="true">https://www.thevwlaw.com/blog/what-are-the-most-common-causes-of-spinal-cord-injuries/</guid>
                <dc:creator><![CDATA[Vahdat Weisman Law]]></dc:creator>
                <pubDate>Mon, 30 Jan 2023 16:13:00 GMT</pubDate>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                
                
                
                <description><![CDATA[<p>Many spinal cord injuries that receive media attention involve sports and recreation accidents. Sporting accidents do account for about 1 out of 10 new spinal cord injuries every year. This makes sports and recreation accidents one of the most common causes of spinal cord injuries. However, motor vehicle accidents are by far the most common&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Many spinal cord injuries that receive media attention involve sports and recreation accidents.</p>



<p><a href="https://www.mayoclinic.org/diseases-conditions/spinal-cord-injury/symptoms-causes/syc-20377890" target="_blank" rel="noreferrer noopener">Sporting accidents do account for about 1 out of 10 new spinal cord injuries</a> every year. This makes sports and recreation accidents one of the most common causes of spinal cord injuries.</p>



<p>However, motor vehicle accidents are by far the most common cause of spinal cord injuries each year. They account for almost 50% of all new <a href="/practice-areas/">spinal cord injuries</a> annually.</p>



<p>Slips and falls cause the second most new spinal cord injuries annually. Among those over 65, falling is the leading cause of new spinal cord injuries.</p>



<p>Coming in slightly ahead of sports and recreation injuries, injuries due to violence like shootings or stabbings cause 12% of new spinal cord injuries each year. It was not clear whether accidental gunshot wounds counted as sports and recreation injuries or as acts of violence.</p>



<h2 class="wp-block-heading" id="h-too-often-spinal-cord-injuries-are-entirely-preventable">Too Often, Spinal Cord Injuries Are Entirely Preventable</h2>



<p>No matter the causes, severe spinal cord injuries are too frequently entirely preventable.</p>



<p>For example, many people wind up with a spinal cord injury after a motor vehicle accident at the hands of a negligent or reckless driver in another vehicle.</p>



<p>Likewise, many falls happen because a property owner or someone else was negligent. Michigan landowners have a legal duty to protect from falls those who visit their land.</p>



<p>Even many sports and recreation injuries are avoidable.</p>



<p>Although to some extent participants know sports and outdoor activities can be risky, they still have the right to count on certain standard safety measures. They also can expect their equipment to be safe.</p>



<p>Spinal cord injuries can leave a person paralyzed or otherwise permanently disabled. They cost hundreds of thousands of dollars to treat, not to mention the loss of income and the emotional cost of dealing with this type of injury.</p>



<p>If the negligence of another caused a victim’s spinal cord injury, that victim may have legal options.</p>
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                <title><![CDATA[A Spinal Cord Injury Will Costs Millions of Dollars]]></title>
                <link>https://www.thevwlaw.com/blog/a-spinal-cord-injury-will-costs-millions-of-dollars/</link>
                <guid isPermaLink="true">https://www.thevwlaw.com/blog/a-spinal-cord-injury-will-costs-millions-of-dollars/</guid>
                <dc:creator><![CDATA[Vahdat Weisman Law]]></dc:creator>
                <pubDate>Mon, 05 Dec 2022 16:16:00 GMT</pubDate>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                
                
                
                <description><![CDATA[<p>Injuries to the spinal cord are extremely serious. They are also among the costliest types of injuries. There is no such thing as a minor spinal cord injury; even those that do not lead to paralysis cost more than $1 million to treat. These numbers do not include either lost income or non-economic damages like&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Injuries to the spinal cord are extremely serious. They are also among the costliest types of injuries.</p>



<p>There is no such thing as a minor spinal cord injury; <a href="https://www.christopherreeve.org/living-with-paralysis/costs-and-insurance/costs-of-living-with-spinal-cord-injury" target="_blank" rel="noreferrer noopener">even those that do not lead to paralysis cost more than $1 million to treat</a>.</p>



<p>These numbers do not include either lost income or non-economic damages like pain and suffering. This figure only includes out-of-pocket medical expenses and related costs.</p>



<p><a href="/practice-areas/">How much a spinal cord injury will cost</a> a patient depends a great deal on the circumstances. Since spinal cord injuries require ongoing treatment and care, younger people will pay more than those who suffer an injury later in life.</p>



<p>Furthermore, the severity and extent of the injury matters.</p>



<p>Someone who is completely paralyzed from the neck down will have more costs than someone who experiences more limited movement problems below their waist.</p>



<h2 class="wp-block-heading" id="h-many-times-someone-else-is-responsible-to-pay-for-a-spinal-cord-injury">Many Times, Someone Else Is Responsible to Pay for a Spinal Cord Injury</h2>



<p>Those who suffer from a spinal cord injury and their families may not have to bear the financial burden of their injuries alone.</p>



<p>The <a href="https://www.mayoclinic.org/diseases-conditions/spinal-cord-injury/symptoms-causes/syc-20377890" target="_blank" rel="noreferrer noopener">common causes of spinal cord injuries</a> include many preventable accidents:</p>



<ul class="wp-block-list">
<li>Motor vehicle accidents are the most common cause of spinal cord injuries.</li>



<li>Among older adults, falling is the most common cause of spinal cord injuries.</li>



<li>Gun violence and knife violence frequently cause spinal cord injuries. Of course, accidental gunshot wounds can cause spinal cord injuries just as easily as can intentional gun violence.</li>



<li>Complications from surgery or a medical misdiagnosis can contribute to a debilitating spinal cord injury.</li>
</ul>



<p>If a Detroit-area resident’s spinal cord injury is due to the negligence or misbehavior of someone else, then under Michigan law, they may be able to recover compensation for their losses. Given the high cost of living with a spinal cord injury, victims will likely need this compensation.</p>
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                <title><![CDATA[Injuries Involving E-Scooters Are Getting More Common]]></title>
                <link>https://www.thevwlaw.com/blog/injuries-involving-e-scooters-are-getting-more-common/</link>
                <guid isPermaLink="true">https://www.thevwlaw.com/blog/injuries-involving-e-scooters-are-getting-more-common/</guid>
                <dc:creator><![CDATA[Vahdat Weisman Law]]></dc:creator>
                <pubDate>Thu, 17 Nov 2022 16:17:00 GMT</pubDate>
                
                    <category><![CDATA[Motor Vehicle Accidents]]></category>
                
                    <category><![CDATA[Pedestrian Accidents]]></category>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                
                
                
                <description><![CDATA[<p>People in the Detroit area are continuing to use e-scooters, e-bikes and similar devices to get around urban areas. While their availability may convenience the public for years to come, these modes of transportation come with risks as well. According to the U.S. Consumer Product Safety Commission, or CPSC, through 2020, the number of people&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>People in the Detroit area are continuing to use e-scooters, e-bikes and similar devices to get around urban areas.</p>



<p>While their availability may convenience the public for years to come, these modes of transportation come with risks as well.</p>



<p>According to the U.S. Consumer Product Safety Commission, or CPSC, through 2020, the <a href="https://www.cpsc.gov/Newsroom/News-Releases/2021/Injuries-Using-E-Scooters-E-Bikes-and-Hoverboards-Jump-70-During-the-Past-Four-Years" target="_blank" rel="noreferrer noopener">number of people who visited emergency rooms because of these “micromobility devices” has increased each year</a>.</p>



<p>In 2017, the CPSC reported 34,000 emergency room visits. In 2019, 54,800 people visited emergency rooms because of micromobility devices.</p>



<p>Unfortunately, even during 2020, the number of people who visited emergency rooms still increased again, this time to 57,800.&nbsp; The increase happened despite people around the country traveling less in 2020.</p>



<p>The use of electronic scooters drove the overall increase in emergency room visits.&nbsp; According to CPSC, a number of factors are responsible for the increase.</p>



<h2 class="wp-block-heading" id="h-what-are-my-options-if-i-am-injured-in-an-e-scooter-accident">What Are My Options if I Am Injured in an E-Scooter Accident?</h2>



<p><a href="/practice-areas/">Many e-scooter accidents</a> involve more than just the rider of the scooter.</p>



<p>Sometimes, the rider is not being careful, or just does not know how to use the equipment. In other cases, the rider may have just not checked to make sure the scooter was working correctly before trying to ride it.</p>



<p>As a result of these common mistakes, a rider may strike and injure another person on a micromobility device, a pedestrian or someone riding a conventional bicycle.</p>



<p>Under Michigan law, a negligent e-scooter rider is legally responsible for the injuries they cause. They will have to pay medical expenses as well as lost wages and other damages to those they injure.</p>



<p>These sorts of cases can be tricky.&nbsp; They are not like traditional car accident cases. To give just one example, the responsible person’s automobile insurance might not cover accidents on e-scooters. They may have other insurance proceeds available to them.</p>



<p>Someone injured by the rider of an e-scooter may have legal options for obtaining compensation. They should make sure they understand the alternatives.</p>
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                <title><![CDATA[Proving Negligence in Your Premises Liability Case]]></title>
                <link>https://www.thevwlaw.com/blog/proving-negligence-in-your-premises-liability-case/</link>
                <guid isPermaLink="true">https://www.thevwlaw.com/blog/proving-negligence-in-your-premises-liability-case/</guid>
                <dc:creator><![CDATA[Vahdat Weisman Law]]></dc:creator>
                <pubDate>Wed, 19 Oct 2022 16:18:00 GMT</pubDate>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                
                
                
                <description><![CDATA[<p>When you are on someone else’s property, you generally expect that they have kept the property safe for guests and visitors. But what happens if you are injured while on the property? Injuries in public places can come in many forms. You could slip on a puddle in a grocery store, trip over something left&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>When you are on someone else’s property, you generally expect that they have kept the property safe for guests and visitors. But what happens if you are injured while on the property?</p>



<p>Injuries in public places can come in many forms. You could slip on a puddle in a grocery store, trip over something left on a floor or slip on ice in a parking lot or your neighbor’s driveway.</p>



<h2 class="wp-block-heading" id="h-the-legal-duty-of-property-owners">The Legal Duty of Property Owners</h2>



<p>Michigan law states that property or business owners have a legal duty to provide safe, hazard-free conditions to their guests. If conditions on their property are unsafe, and the conditions cause an injury, they could be held <a href="/practice-areas/premises-liability/">negligent through a premises liability claim</a>.</p>



<p>Proving negligence in a premises liability case requires establishing the same elements as in any other negligence case. You must show that the place you were injured qualifies as a public place and that you had a legal right to be there.</p>



<p>For example, if you are injured while illegally trespassing on someone else’s property, you cannot try to recover compensation for your injury, since you were not supposed to be there in the first place.</p>



<h2 class="wp-block-heading" id="h-the-challenges-of-proving-cause">The Challenges of Proving Cause</h2>



<p>You must also prove that the property owner’s failure to provide safe conditions caused your injury. This can be challenging, because the property owner can try to claim that you played a part in what caused the injury.</p>



<p><a href="http://www.legislature.mi.gov/(S(aagq24zdajg1pyhbfxi5g5ou))/mileg.aspx?page=getobject&objectname=mcl-600-2959" target="_blank" rel="noreferrer noopener">Michigan uses comparative negligence law</a>, which means that if it established that you were also at fault, your total compensation will be reduced by that amount. You must show that you acted in a reasonable manner and did not contribute to your injury.</p>



<p>Injuries caused by negligence often seriously disrupt your life, causing you immense pain and suffering, as well as the cost of treating the injuries and potentially missing time from work. In some cases, you may not be able to return to work.</p>



<p>Attorneys experienced with proving negligence can evaluate your situation and advise you on your best strategies for obtaining compensation through a premises liability action.</p>
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                <title><![CDATA[Michigan State Police Express Concern Over Accident Increase]]></title>
                <link>https://www.thevwlaw.com/blog/michigan-state-police-express-concern-over-accident-increase/</link>
                <guid isPermaLink="true">https://www.thevwlaw.com/blog/michigan-state-police-express-concern-over-accident-increase/</guid>
                <dc:creator><![CDATA[Vahdat Weisman Law]]></dc:creator>
                <pubDate>Thu, 29 Sep 2022 16:20:00 GMT</pubDate>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                
                
                
                <description><![CDATA[<p>The past few years have been challenging with people needing to adapt to dramatic changes in how they live their lives personally and professionally. With a radically different landscape in Michigan and throughout the nation, it is to be expected that people will behave differently. A negative that has developed is drivers apparently showing greater&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>The past few years have been challenging with people needing to adapt to dramatic changes in how they live their lives personally and professionally. With a radically different landscape in Michigan and throughout the nation, it is to be expected that people will behave differently. A negative that has developed is drivers apparently showing greater recklessness with an uptick in auto accidents. Drivers, passengers, motorcyclists, bicyclists and pedestrians should know about this when they head out.</p>



<h2 class="wp-block-heading" id="h-statistics-say-auto-accidents-have-risen-by-15-in-michigan">Statistics Say Auto Accidents Have Risen by 15% in Michigan</h2>



<p>The Michigan State Police <a href="https://www.theoaklandpress.com/2022/09/24/michigan-sees-15-increase-in-traffic-crashes-as-pandemic-reinforces-negative-driver-behaviors/" target="_blank" rel="noreferrer noopener">has expressed its concern</a> over the statistical rise in accidents in the state. Some people believe that the health crisis has led to drivers exceeding the speed limit regularly and continuing to do so while people are heading back to work, school and again taking part in leisure activities.</p>



<p>The accident numbers rose to 282,640 in 2021—a spike of more than 37,000 from 2020. There were 1,131 road deaths. This was the worst total since 2005 and 4% higher than in 2020. State troopers say they are responding to a growing number of accidents and more speeders than they remember having faced before. In addition, distracted driving is cited as a factor in collisions.</p>



<p>Experts suggest that once law enforcement is again enforcing the law as fervently as it did prior to 2020, the accident rates should decrease. Still, there is no guarantee that this will be the case. Drivers seem to have grown accustomed to speeding without consequence. The ability to be constantly tuned in via cell phone is also challenging as people cannot stop checking their devices, making it more likely that distraction will continue to be a cause of crashes.</p>



<h2 class="wp-block-heading" id="h-it-is-important-to-have-help-with-the-physical-and-financial-aftermath-of-an-auto-accident">It Is Important to Have Help With the Physical and Financial Aftermath of an Auto Accident</h2>



<p>People who have been hurt or lost a loved one in an <a href="/practice-areas/auto-accidents/">auto accident</a> will understandably want answers as to why it happened. The medical costs and inability to work can cause inordinate problems for a person who might not have the medical coverage or income to be able to be off the job for an extended period. They often have a family they need to take care of.</p>



<p>When weighing options, it is always wise to have professional advice to decide how to move forward. This can be key with gathering evidence, calculating what was lost and taking care of all of the complex aspects of a case that inevitably arise. For help, it is important to discuss the situation with experienced professionals to plan a comprehensive strategy.</p>
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                <title><![CDATA[Church Camper Killed in Boating Accident in Hillsdale County]]></title>
                <link>https://www.thevwlaw.com/blog/church-camper-killed-in-boating-accident-in-hillsdale-county/</link>
                <guid isPermaLink="true">https://www.thevwlaw.com/blog/church-camper-killed-in-boating-accident-in-hillsdale-county/</guid>
                <dc:creator><![CDATA[Vahdat Weisman Law]]></dc:creator>
                <pubDate>Tue, 09 Aug 2022 16:22:00 GMT</pubDate>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                
                
                
                <description><![CDATA[<p>Children love moving fast on the water. Unhappily, this love can often lead to tragic circumstances, including death. A recent example of this unhappy result was recently provided by the death of an eleven-year old girl in a boating accident at a camp in Hillsdale County. The Incident Twelve children were riding on an inflatable&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Children love moving fast on the water. Unhappily, this love can often lead to tragic circumstances, including death. <a href="https://detroit.cbslocal.com/2022/07/29/11-year-old-girl-dies-after-struck-by-boat-in-hillsdale-county-lake/" target="_blank" rel="noreferrer noopener">A recent example</a> of this unhappy result was recently provided by the death of an eleven-year old girl in a boating accident at a camp in Hillsdale County.</p>



<h2 class="wp-block-heading" id="h-the-incident">The Incident</h2>



<p>Twelve children were riding on an inflatable “banana boat” that was been towed by a motorboat. An inflatable banana boat is essentially a long plastic tube shaped like a banana. The riders straddle the banana as it is towed across the water. Three of the children fell from the banana boat. When the driver of the motorboat realized that three of his young passengers were in the water, he circled back to pick them up.</p>



<p>As he returned to the spot where the three children were swimming, the boat struck one of the girls. The operator of the motorboat had apparently failed to see the girl swimming the water.</p>



<p>The girl was rushed to a nearby hospital, but she did not survive her injuries. According to representatives of the Michigan department of Natural Resources, the accident occurred on Lake Michindoh at a Christian camp operated by Michindoh Conference Center.</p>



<h2 class="wp-block-heading" id="h-claim-for-wrongful-death">Claim for Wrongful Death</h2>



<p>The family of the girl who died in this incident may have a claim for damages caused by the wrongful act of one of the potential parties. Developing this claim will, however, require further investigation. The age of the operator of the motorboat must be determined.</p>



<p>Had he received any training in operating a boat that was towing a banana boat? What effort did the camp make to investigate his background and training when he was hired? Was he an employee of the camp or merely a volunteer? Did the girl fall from the boat or was she pushed by another rider? Was the motorboat operating at a safe speed? Was the driver intoxicated at the time of the accident?</p>



<h2 class="wp-block-heading" id="h-consulting-a-person-injury-lawyer-may-be-helpful">Consulting a Person Injury Lawyer May Be Helpful</h2>



<p>As this list of questions demonstrates, an experienced personal injury lawyer will be required to fully investigate the <a href="/practice-areas/wrongful-death/">facts of the accident</a> and develop a strategy for beginning and winning a successful lawsuit.</p>
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                <title><![CDATA[Motorcycle Accidents Commonly Cause TBIs]]></title>
                <link>https://www.thevwlaw.com/blog/motorcycle-accidents-commonly-cause-tbis/</link>
                <guid isPermaLink="true">https://www.thevwlaw.com/blog/motorcycle-accidents-commonly-cause-tbis/</guid>
                <dc:creator><![CDATA[Vahdat Weisman Law]]></dc:creator>
                <pubDate>Tue, 12 Jul 2022 16:18:00 GMT</pubDate>
                
                    <category><![CDATA[Motor Vehicle Accidents]]></category>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                
                
                
                <description><![CDATA[<p>If you spend any time watching daytime television, you have seen many, many commercials on car and motorcycle accidents and the injuries that result. You have seen lawyers, doctors and chiropractors talk about all the physical impacts that result from these crashes. However, what you likely have not seen is how common traumatic brain injuries&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>If you spend any time watching daytime television, you have seen many, many commercials on car and motorcycle accidents and the injuries that result. You have seen lawyers, doctors and chiropractors talk about all the physical impacts that result from these crashes. However, what you likely have not seen is how common traumatic brain injuries are for <a href="/practice-areas/auto-accidents/">Michigan motorcycle accident victims</a>.</p>



<h2 class="wp-block-heading" id="h-traumatic-brain-injuries">Traumatic Brain Injuries</h2>



<p>TBIs occur when you experience a violent blow or jolt. As a result, it should come as no surprise that motorcycle crashes normally cause some level of a TBI as a fall from a bike rarely does not involve some impact to the head. That is why the primary reason for motorcycle helmet laws is to protect your head. Your body does not have any other protection when you ride.</p>



<h2 class="wp-block-heading" id="h-immediate-aftermath">Immediate Aftermath</h2>



<p>After your head hits the pavement, in addition to all your other injuries and pain, you may lose consciousness. Your ears may start ringing, and your head immediately throbs with pain. <a href="https://www.mayoclinic.org/diseases-conditions/traumatic-brain-injury/symptoms-causes/syc-20378557" target="_blank" rel="noreferrer noopener">These are signs of a TBI</a>. You may even notice liquid draining from your nose and ears, which is a sign of a major TBI.</p>



<h2 class="wp-block-heading" id="h-persistent-symptoms">Persistent Symptoms</h2>



<p>While those immediate effects may go away, TBI symptoms commonly persist. This includes having trouble keeping food down, getting to or staying asleep, persistent headaches, trouble with your vision, etc. If you feel off, you likely have a TBI. And, sometimes, these symptoms will go away, but often, your systems will persist and grow worse without medical intervention.</p>



<p>This is why it is so important to <a href="https://www.mayoclinic.org/tests-procedures/brain-rehabilitation/about/pac-20393150" target="_blank" rel="noreferrer noopener">go to the hospital</a> after every Livonia, Michigan, motorcycle accident. Do not put your life and the quality of your life at risk because you may feel okay at the time.</p>
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                <title><![CDATA[When a Boating Trip Turns Dangerous]]></title>
                <link>https://www.thevwlaw.com/blog/when-a-boating-trip-turns-dangerous/</link>
                <guid isPermaLink="true">https://www.thevwlaw.com/blog/when-a-boating-trip-turns-dangerous/</guid>
                <dc:creator><![CDATA[Vahdat Weisman Law]]></dc:creator>
                <pubDate>Fri, 03 Jun 2022 15:32:00 GMT</pubDate>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                
                
                
                <description><![CDATA[<p>Michiganders in Livonia and around the state love to get on the water when the temperatures start rising. Whether it’s for sailing, canoeing, skiing, or something else, people in Michigan are never more than a few miles away from a lake to jump into. Unfortunately, when accidents occur, they can do more than spoil a&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Michiganders in Livonia and around the state love to get on the water when the temperatures start rising. Whether it’s for sailing, canoeing, skiing, or something else, people in Michigan are never more than a few miles away from a lake to jump into.</p>



<p>Unfortunately, when accidents occur, they can do more than spoil a family vacation, which is why state regulations require strict adherence to registration, certification and safety requirements. Because there are both state and federal laws guiding rulings in a personal injury case, it is wise to secure an experienced and knowledgeable <a href="/practice-areas/">legal source</a> if you have suffered injury or loss in a boating accident.</p>



<h2 class="wp-block-heading" id="h-the-most-common-causes-of-boating-accidents">The Most Common Causes of Boating Accidents</h2>



<p>According to the most recent national <a href="https://www.michigan.gov/dnr/things-to-do/boating/safety" target="_blank" rel="noreferrer noopener">reports</a>, in 2020, over 5,200 recreational boating accidents caused 767 deaths and 3,191 injuries, and property damage reached $62.5 million. In Michigan in that same year, there were 33 fatalities and 20 drownings. Sadly, only one in five of these victims was wearing a life jacket.</p>



<p>The most common reasons for recreational boating accidents were:</p>



<ul class="wp-block-list">
<li>Operator inattention</li>



<li>Improper lookout</li>



<li>Operator inexperience</li>



<li>Excessive speed</li>



<li>Mechanical failure</li>
</ul>



<p>Drowning is the cause of death in 75% of all cases, and 86% of the time, the victim was not wearing a life jacket. Alcohol use is one of the leading contributors to fatal boating accidents.</p>



<p>For these reasons, Michigan has strict requirements that boaters must adhere to that including boat registration, a boat safety certificate, age restrictions and life jacket rules to prevent deadly accidents from occurring.</p>



<h2 class="wp-block-heading" id="h-finding-liability-in-a-boating-accident-claim">Finding Liability in a Boating Accident Claim</h2>



<p>A recreational boat can include:</p>



<ul class="wp-block-list">
<li>Sailboats</li>



<li>Yachts</li>



<li>Jet skis, wave runners, or inflatable boats</li>



<li>Canoes, paddleboards, or kayaks</li>



<li>Cabin cruisers</li>
</ul>



<p>Although small boats may have coverage for damages on their homeowner’s insurance policy, it is usually limited, and Michigan’s no-fault insurance laws do not cover boating accidents. When the accident results in injury or death, victims or their families can file a civil claim against the responsible party, who is often the operator of the boat, for negligence in their failure to provide reasonable safety.</p>



<p>Under Michigan <a href="https://www.findlaw.com/state/michigan-law/michigan-negligence-laws.html" target="_blank" rel="noreferrer noopener">laws</a>, it is possible to receive both economic and noneconomic damages that can include property damage, medical and hospitalization bills, lost wages and pain and suffering.</p>
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                <title><![CDATA[The Common and Uncommon Signs of a Concussion]]></title>
                <link>https://www.thevwlaw.com/blog/the-common-and-uncommon-signs-of-a-concussion/</link>
                <guid isPermaLink="true">https://www.thevwlaw.com/blog/the-common-and-uncommon-signs-of-a-concussion/</guid>
                <dc:creator><![CDATA[Vahdat Weisman Law]]></dc:creator>
                <pubDate>Fri, 25 Feb 2022 15:36:00 GMT</pubDate>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                
                
                
                <description><![CDATA[<p>Falling victim to an accident is a shocking event. This is true even if one believes that they were lucky to walk away with only minor injuries. While it could be very possible that one suffered a bump, scratch or bruise, one may have also suffered trauma to their head. Thus, it is important that&hellip;</p>
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                <content:encoded><![CDATA[
<p>Falling victim to an accident is a shocking event. This is true even if one believes that they were lucky to walk away with only minor injuries. While it could be very possible that one suffered a bump, scratch or bruise, one may have also suffered trauma to their head. Thus, it is important that victims of head injuries in Michigan and elsewhere understand common signs of a concussion, as it could indicate one suffered a more severe head injury than one suspected.</p>



<h2 class="wp-block-heading" id="h-common-signs-of-a-concussion">Common Signs of a Concussion</h2>



<p>Most are familiar with the common <a href="https://veryhealthy.life/12-uncommon-concussion-symptoms/?utm_source=%2Bhead%20%2Btrauma&utm_medium=12UncommonConcussionSymptoms&utm_campaign=adw_us" target="_blank" rel="noreferrer noopener">signs and symptoms of a concussion</a>. In short, a concussion interrupts the healthy cognitive function of the brain, and based on the severity of the concussion, one could suffer from neurological effects for days, weeks, months and even years. The most common symptoms associated with a concussion include loss of memory, feeling stunned or dazed, confusion, loss of balance, dizziness, nausea, sensitivity to light, headache, blurred vision, blackout and the complete loss of consciousness.</p>



<h2 class="wp-block-heading" id="h-the-uncommon-signs-of-a-concussion">The Uncommon Signs of a Concussion</h2>



<p>Not all signs of a concussion are easy to spot or identify. In fact, some victims of a mild traumatic brain injury manifest very atypical signs and symptoms. This includes post traumatic vertigo, vivid dreaming and insomnia, anxiety, PTSD, an aching jaw, tinnitus and hearing loss, transient blindness, the inability to speak, emotional outbursts, disconnection from self, suicidal thoughts, the sudden development of new skills and abilities or a complete personality shift.</p>



<p>While some injuries have clear indications that they have occurred, it is not always obvious when a person has suffered from a head injury. This is true even if he or she was involved in an accident and was cleared. The brain is a complex organ, and in some cases, signs and symptoms of a head injury do not show immediately and do not always look the same from one patient to the next. Thus, it is important victims and aware of this.</p>



<p>Those who have suffered a head trauma or another injury in an accident, it is imperative that he or she understand their situation and the rights afforded to them. A <a href="/practice-areas/">personal injury action</a> could help one address losses and damages suffered in the accident while also providing a mechanism to hold a negligent party accountable for the accident that caused them harm.</p>
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                <title><![CDATA[Tesla Recalling Nearly Half a Million Model 3S and Model 5S]]></title>
                <link>https://www.thevwlaw.com/blog/tesla-recalling-nearly-half-a-million-model-3s-and-model-5s/</link>
                <guid isPermaLink="true">https://www.thevwlaw.com/blog/tesla-recalling-nearly-half-a-million-model-3s-and-model-5s/</guid>
                <dc:creator><![CDATA[Vahdat Weisman Law]]></dc:creator>
                <pubDate>Thu, 13 Jan 2022 15:41:00 GMT</pubDate>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                
                
                
                <description><![CDATA[<p>Modern automobiles are becoming increasingly sophisticated, relying on many kinds of computers and software to operate the many safety devices intended to protect the driver and passengers from injury in a collision. What happens if one of these complex devices malfunctions? What, if anything, can the manufacturer do to protect their customers? In most cases,&hellip;</p>
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<p>Modern automobiles are becoming increasingly sophisticated, relying on many kinds of computers and software to operate the many safety devices intended to protect the driver and passengers from injury in a collision. What happens if one of these complex devices malfunctions? What, if anything, can the manufacturer do to protect their customers? In most cases, the answer is straightforward: recall the defective vehicles. Tesla is using that remedy to remedy <a href="https://www.fox2detroit.com/news/tesla-recalls-over-475000-model-3-model-s-cars-over-safety-issues" target="_blank" rel="noreferrer noopener">safety defects</a> in its Model 3 and Model S sedans.</p>



<h2 class="wp-block-heading" id="h-the-recalls">The Recalls</h2>



<p>Tesla has recalled all Model 3s from model years 2017 to 2020 because it discovered that a coaxial cable that connects the rear view television camera to the display on the dashboard is subject to failure if it rubs against the trunk cover. The cable runs through a harness on the trunk lid, and too many trunk openings and closings can wear away the cable and cause it to fail. The driver will thereby be deprived of the useful rearview when the car is traveling in reverse.</p>



<p>Tesla discontinued the defective harness at the end of its 2020 model year. 2021 Teslas and later model will be equipped with a different harness design.</p>



<p>Tesla is also recalling its Model S because the front hood latch on some vehicles is subject to unanticipated failure, causing the hood to fly open and obscure the driver’s view. This recall affects Model S Teslas manufactured from 2014 to 2021. Tesla estimates that more than 119,000 models suffer from this defect.</p>



<h2 class="wp-block-heading" id="h-what-next">What Next?</h2>



<p>The costs of these two recalls are significant, but they can easily exceed Tesla’s exposure for damages if the defects were to cause wide spread injury or death. Anyone who believes that they or a loved one suffered an injury caused by one of the these defects may wish to consult an <a href="/blog/">experienced accident attorney</a> for an evaluation of the facts and an opinion on the likelihood of recovering damages for medical expenses, lost income, and pain and suffering.</p>
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                <title><![CDATA[Understanding Spinal Cord Injuries]]></title>
                <link>https://www.thevwlaw.com/blog/understanding-spinal-cord-injuries/</link>
                <guid isPermaLink="true">https://www.thevwlaw.com/blog/understanding-spinal-cord-injuries/</guid>
                <dc:creator><![CDATA[Vahdat Weisman Law]]></dc:creator>
                <pubDate>Fri, 31 Dec 2021 15:41:00 GMT</pubDate>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                
                
                
                <description><![CDATA[<p>When a person is in a car accident, he or she can suffer from a range of injuries. These include cuts and bruises, fractures and broken bones and in some serious cases, spinal cord injuries. A spinal cord injury can cause the victim to experience significant pain both physically and emotionally, expensive medical bills and&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>When a person is in a car accident, he or she can suffer from a range of injuries. These include cuts and bruises, fractures and broken bones and in some serious cases, spinal cord injuries.</p>



<p>A spinal cord injury can cause the victim to experience significant pain both physically and emotionally, expensive medical bills and affect their long-term earnings if they cannot work.</p>



<h2 class="wp-block-heading" id="h-symptoms-and-types-of-injury">Symptoms and Types of Injury</h2>



<p>There are some immediate symptoms of a spinal cord injury. These include weakness, paralysis, extreme pain or pressure in the person’s back neck or numbness. A chest or lower back injury can affect the person’s legs and torso. A neck injury may affect those same areas as well as their arms and breathing ability.</p>



<p>A person’s ability to control their arms and legs may depend on where the injury occurred and how severe it is. A complete <a href="https://www.mayoclinic.org/diseases-conditions/spinal-cord-injury/symptoms-causes/syc-20377890" target="_blank" rel="noreferrer noopener">spinal cord injury</a> happens when the victim loses all senses below the injury. It is called incomplete when he or she has some movement or senses below the affected area.</p>



<p>In addition to the immediate injury, the accident victim can suffer from additional damage over time that develops from bleeding, inflammation and a buildup of fluid around the spinal column.</p>



<h2 class="wp-block-heading" id="h-treatment-and-filing-a-claim">Treatment and Filing a Claim</h2>



<p>An accident victim’s physician may suggest physical therapy, equipment and rehabilitation services. While it is important for healing, the treatment can be very lengthy and expensive. Also, the victim may not be able to work while receiving treatment.</p>



<p>An experienced attorney can provide guidance and advice about filing a <a href="/practice-areas/">claim</a> for compensation.</p>
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                <title><![CDATA[Importance of Timeliness When Filing a Personal Injury Claim]]></title>
                <link>https://www.thevwlaw.com/blog/importance-of-timeliness-when-filing-a-personal-injury-claim/</link>
                <guid isPermaLink="true">https://www.thevwlaw.com/blog/importance-of-timeliness-when-filing-a-personal-injury-claim/</guid>
                <dc:creator><![CDATA[Vahdat Weisman Law]]></dc:creator>
                <pubDate>Mon, 01 Nov 2021 15:46:00 GMT</pubDate>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                
                
                
                <description><![CDATA[<p>Accidents happen and disrupt the lives of Michigan residents. When a person suffers injuries and property losses in a motor vehicle accident, their entire world can be turned upside down. They may discover that they are unable to work while recuperating from their injuries. They may begin to receive medical bills that seem insurmountable to&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Accidents happen and disrupt the lives of Michigan residents. When a person suffers injuries and property losses in a motor vehicle accident, their entire world can be turned upside down. They may discover that they are unable to work while recuperating from their injuries. They may begin to receive medical bills that seem insurmountable to cover. They may fear that they will not be able to care for themselves and their loved ones as they did in the past.</p>



<p>As readers may know, victims of personal injury accidents have legal rights to seek compensation when their harm was caused by the negligence of others. In some cases, a party may choose to <a href="/blog/should-you-settle-your-personal-injury-claim/" target="_blank" rel="noreferrer noopener">settle</a> their claims out of court. In others they may choose to litigate their claims. If they file a lawsuit, they must do so in accordance with the state’s statute of limitations.</p>



<h2 class="wp-block-heading" id="h-three-years-for-a-personal-injury-claim">Three Years for a Personal Injury Claim</h2>



<p>Under Michigan law, a victim of a personal injury accident has <a href="http://www.legislature.mi.gov/(S(4rqxjfsamuqenzq40c2vih4l))/mileg.aspx?page=getObject&objectName=mcl-600-5805" target="_blank" rel="noreferrer noopener">three years</a> from the date of their injury to file their personal injury claims. If they fail to do so within the 3-year framework they may be barred from bringing their suit in the future. Though 3 years may seem like a long time, it can pass by quickly as an individual attempts to get back on their feet after an accident.</p>



<h2 class="wp-block-heading" id="h-finding-the-best-path-to-recovery">Finding the Best Path to Recovery</h2>



<p>As mentioned, some <a href="/practice-areas/" target="_blank" rel="noreferrer noopener">personal injury claims</a> can be settled out of court, but others benefit from being brought to the courts through litigation. Before a victim decides on a path for their claims, they should consider speaking with an attorney that handles personal injury cases. Every case is different and has different facts, and an attorney with personal injury litigation knowledge may provide useful insights to a victim to help them decide how to move forward.</p>
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