I was using a Charbroil grill for the first time and it flashed back at me catching me on fire. I have severe burns to both hands, arms and on front of both legs. I am under doctor's care for this injury and he has recommended that I see a plastic...
You may have a case, but you need to contact an experienced personal injury/litigation attorney for further analysis. Depending on the facts, you may have an action not only against the manufacturer of the grill, but also the retailer.
Any lawyer will ask you many questions, including where and when you purchased the grill, when you used it, how often, whether you have a purchase receipt, your prior medical history, your employment history, whether you followed the instructions in using the grill, whether you assembled the grill, whether you properly connected the gas line, etc. These are all initial questions that need to be addressed.
Moreover, the warranty and purchase terms will have to be reviewed and digested. Products liability law and procedure is, in general, very difficult in Michigan. Other questions need to be addressed such as whether the grill suffered from a design defect as opposed to a manufacturing defect, or both. Another question that needs to be addressed is whether Courts have considered outdoor grills as inherently dangerous for strict liability protection. Without conducting the necessary research, my guess is that you would have to establish culpable negligence.
I suggest that you reach out to an experienced and knowledgeable litigation/trial attorney for further guidance. Many lawyers will provide you with a free consultation to determine whether you have a viable case to pursue.
I wish you and your children the best under these unfortunate circumstances.See question
Husband deported 2 yrs ago can get papers to him to sign married 8 yrs 2 kids together 1 prior child to marriage myself. What is best way to file
You should call an experienced Oakland County family law attorney. I very much agree that the divorce filings should not be handled, drafted, and filed without legal counsel. Given your situation, the legal fees will probably fall on the low end. But an ounce of prevention is worth a pound of cure. Too often, I have been retained to remedy issues that were created because the client did not have an attorney file the proper paper work with proper guidance.
I wish you the best in this unfortunate time.See question
Hi, on January 10th of this year I got hurt at work from freeing up a panel board that would have caught fire if it wasn't removed. My arm got in the rollers and the machine is around 400 degrees. I ended up with 3rd degree + burns and at the ER t...
In Michigan, an injured worker's exclusive remedy is through the Worker's Disability Compensation Act, which is what you are receiving. However, an exception exists if the employer's action constituted an intentional tort. An intentional tort may be shown if the employee's injury resulted from a deliberate act of the employer and the employer specifically intended an injury. And more specifically, an employer shall be deemed to have intended an injury if the employer had actual knowledge that an injury was certain to occur and willfully disregarded that knowledge.
Many times, however, this issue does not go beyond the summary disposition stage. Under the Act, the issue whether an act was an intentional tort shall be a question of law for the court. I think that you are going to have a hard case against your employer to recover damages, including the difference in wages.
You might have a products liability claim, but that too may pose multiple obstacles. As for a medical malpractice action against the ER doctor, you should call around to consult with an experienced medical malpractice attorney. Medical malpractice is a highly specialized area of the law and very often, most medical malpractice firms are staffed with intake personal to talk with you for the sole purpose of screening viable from non-viable cases.
I wish you the best of luck.See question
My divorce papers have my maiden name misspelled and 3 of 4 of my kids names are spelled incorrectly and of the 3, 1 of the middle names is wrong altogether. Also the mirraige date is incorrect.
Your divorce judgment is considered valid. The Michigan Court Rules specifically allow for correction of clerical errors "arising from oversight or omission" at any time. See MCR 2.612(A)(1). Either you or your attorney can file a motion before the Court to correct the misspellings and marriage date.See question
Ex-wife, LONG after divorce, starts to get close to ex-husband's mother. Gains power of attorney, oversees revision of will claiming husband 'abandoned family'. Husband had lived in basement for 5 years prior to divorce, the one child was 17 by th...
The ex-husband should consult immediately with a local probate litigation attorney. Under the facts as you described, there may be a rebuttable presumption of undue influence on the part of the ex-wife.
These cases are very fact specific and require the expertise and attention of a qualified probate attorney. In fact, I think that the proper practice area is probate litigation.See question
My dad recently found himself garbling his words after having "the worst headache of his life" and drove himself to a walk-in clinic. He was diagnosed as having a cerebral infarction, unspecified (stroke). The staff at the walk in clinic allowed m...
Based on your description, the fact that your father "made it to the ER safely," means that no damages were suffered. Without damages, you do not have a viable negligence or medical malpractice action. Moreover, while others may differ, I think that you would have a difficult time finding a medical malpractice attorney willing to represent your father on a contingency fee basis. Typically, most lawyers first evaluate a case with calculating the potential damages before analyzing legal liability. As a precaution for your Dad and for others, you may wish to notify the director or whoever is in charge of the clinic to voice your concerns.
I hope your Dad is receiving proper care and I wish you the best.See question
Took a pre employment drug screen and took another job. They called me 3 weeks later demanding I bring them 35 dollars cash for the drug screen. Do l have to pay that? What if I had failed and didn't get the job anyway.
I do not think that you have to pay. In fact, you may have a good argument that the employer's demand for payment is illegal, as it violates MCL 408.478. This statute generally prohibits employers from demanding payment as a condition of employment. See also Sands Appliance Servs v Wilson, 463 MIch 231 (2000).
I doubt, however, that the employer will take the time to chase you for this. I wouldn't worry about it.See question
Boss was told I was going to file case and fired me within 24 hours of him finding out. I didn't get chance to file before I was terminated. Truly believe that he fired me so I couldn't file case. Have dealt with hostility for years and instances ...
You may have a Whistleblower Protection Act ("WPA") case. Your case depends on what, exactly, you were about to report. Under the WPA, an employer may not discharge an employee because the employee reports or is about to report a violation or suspected violation of a federal or state statute or regulation to a public body. However, you have a short window of time to bring such action, 90 days I believe from your termination date.
Depending upon the specific facts of your case and depending on the amount of your damages, including lost wages, including future wages, it may be worth your time to consult with an experienced employment litigation attorney.See question
My case was dismissed at summary by the Appellate Court, and not the trial court, and so without the benefit of the right of appeal, and only the hope the Michigan Supreme Court will hear the case, could I file for new trial under this rule? PS...
Based on what you described, and assuming that the Court of Appeals issued an opinion on your case, you probably would not have much luck under MCR 2.611 given the amount of time that has passed. MCR 2.611(B) provides that such motions must be filed "within 21 days after entry of the judgment." I'm fairly certain that the Court of Appeals took multiple months to decide your case. For these same reasons, MCR 2.612(C) probably would not help given the amount of time that has passed. Even if you assert grounds under MCR 2.612(C)(1)(f), your motion would likely be denied if the grounds asserted could have been brought to the Court's attention within one year of the judgment.
And again, without knowing anything further, the trial court necessarily dismissed your case, which gave you a right to appeal to the Court of Appeals. From what you describe, it sounds like the Court of Appeals' opinion addressed and decided your case on an issue that the trial court did not consider. This is not necessarily unusual. Sometimes the Court of Appeals will affirm the trial court's decision for a different reason, under the "right result, wrong reason" theory.
At this stage, you can pursue an application for leave to appeal before the Michigan Supreme Court, as long as it was timely filed. Generally speaking, the Supreme Court takes about six months to a year on average to decide whether to grant leave to appeal.
Can I appeal a case whenever I want, or is there a certain time frame? And if my appeal get denied, can I appeal again?
There are different appellate filing deadlines depending on the nature of the case. Generally speaking, to file an appeal in the Michigan Court of Appeals, most civil cases provide for a 21 day filing deadline following a trial court's final order. In family cases, the filing deadlines are shortened to 14 days for termination of parental rights cases. Criminal appellate periods generally provide for 42 days. District court and administrative appeals to the circuit court have their own filing schedule, again depending on the case type.
Your question would be best answered by consulting with an experienced appellate lawyer. Because appellate procedure can be quite complicated, a few minutes with an attorney would give you a much better idea as to whether pursuing an appeal is your best option.See question