Litigation Defenders

Before construction contractors stop work for nonpayment, this appellate court decision serves as a reminder that they would do well to check their contract language to make sure it doesn’t prevent them from walking off the job.  

Contractors need to know about this new Ohio law that significantly changes requirements for home construction services.

Traumatic brain injury cases are difficult to defend against, but when the alleged injuries can't be detected by medical diagnostic equipment such claims are even more challenging to win.

Open and obvious may be gone in Michigan, but property owners can still protect themselves in premises liability cases.

What Barbie can teach litigants and attorneys about avoiding sanctions and conducting oneself with civility in civil litigation.

The “notice” defense shifts back into focus after a recent Michigan Supreme Court ruling dismantled the “open and obvious” defense for premises liability claims.

Quickly determining “satisfactory proof of loss” for property claims can help insurance providers mitigate or even avoid paying penalty interest under Michigan’s Uniform Trade Practices Act.

Lithium batteries stored or charged onboard boats, ships and cargo containers may leave you walking the plank of maritime liability.

Responding timely to “satisfactory proof of loss” notices can help insurers limit or even avoid paying penalty interest under Michigan’s Uniform Trade Practices Act.

The Michigan Supreme Court on Friday issued a landmark decision that abolishes the open and obvious defense for premises liability cases. 

Failure to pay first-party property claims could cost you penalty interest under Michigan's Uniform Trade Practice Act.

Can the use of artificial intelligence platforms like ChatGPT pierce the attorney-client privilege?

Paying penalty interest in first party property claims is tough to avoid in Michigan, but by doing this claims professionals can minimize the amount.

Arc mapping provides investigators and insurance claims professionals with vital fire cause and origin information.

In a published decision, the Michigan Court of Appeals ruled that a dog is a “condition on the land” under premises liability, and as such, can be defended by the open and obvious danger doctrine.

Understanding the types of explosions can help investigators and insurance professionals resolve fire damage claims.

Court of Appeals ruling clarifies application of the public-building exception to governmental immunity in personal injury cases occurring at a school district’s public building.

The popularity of internet connected devices in homes and businesses provides fire investigators with more origin and cause clues than ever, if you know where to look for them.

Michigan Court of Appeals provides in-depth analysis of factors that determine the recoverability of lost earnings in wrongful death cases involving minors.

Left to gather unchecked, dust can become the next major fire hazard in your commercial or industrial building.

Investigators challenged to determine causation in fire claims involving presence of lithium-ion batteries.

Construction contractors and insurance professionals beware: failing to understand a contract’s fire provisions could burn you.

In a potential game changer for litigation in Michigan, this recent unpublished appellate court ruling allows the video recording of a plaintiff's neuropsychological examinations.

Determining fraud in water intrusion claims begins with an understanding of the technology behind today’s pipe systems.

You should know these four things before you seriously consider bringing a defamation case in Michigan for online comments against an anonymous party.

As water claims rise, insurance industry braces for a potential deluge of new form arson cases.

Give yourself the gift of expertise from a forensic engineer when your next water loss claims hits your desk.

You should be burning up if your fire claim notices don't include this level of detail.

Who pays for property damage related to the intentional acts of others? The answer may surprise you.

Comprehensive pre-suit investigations help position cases for a successful defense in state or federal court.

Appellate court ruling serves as warning to Michigan insurance professionals against making assurances or giving advice about coverage.

The Indiana Supreme Court ruled store manager in a premises liability case can't be held personally liable for negligence for an accident in which he was not directly involved.

Michigan Court of Appeals rules water filled pothole is “open and obvious” in retail parking lot premises liability case.

A recent Michigan Court of Appeals ruling bans video recording but allows in-person observers for independent medical examinations.

Michigan appellate court rules contractors may be loaned temporary property possession rights, allowing them to assert an open and obvious defense in a premises liability claim, a defense typically reserved for actual property owners.

Michigan appellate court signals “play on” after plaintiff sues, alleging opponent had specific intent to harm his goalkeeper son during soccer game.

With U.S. tort litigation continuing to climb to historic levels, arbitration may offer insurance providers lower costs, better venue option for resolving claims.

Investigating a plaintiff’s prior suits may reveal contrary positions barring a claim through judicial estoppel.

Deceased student's intoxication results in appellate court affirming trial court's decision to bar wrongful death action filed by decedent's estate.

Discovery will change dramatically under a new Michigan Supreme Court rule requiring judges to be “participant observers” in a more collaborative civil litigation process.

A party cannot overcome insufficient deposition testimony through a contradictory affidavit.

If you can’t remember last night at the bar, you probably shouldn't file a lawsuit when you wake up in the hospital.

In new unpublished case, Michigan Court of Appeals rules black ice is open and obvious.

Don’t be spooked by your own “phantom employees” in premises liability cases.

You could feel like a sad face emoji if comments found on your own social media accounts bolster a plaintiff’s premises liability claim.

If food manufacturers produce clean food or use clean labels, then they should steer clear of business risks arising from claims of false advertising and product adulteration.

An afternoon at the ball park could include foul balls, broken bats and flying hot dogs, so understand your personal risk before buying your tickets!

Appellate court reluctantly applies open and obvious doctrine in snow and ice case involving claim of ordinary negligence.

Michigan Supreme Court ruling reinforces open and obvious doctrine in black ice case.

Michigan Supreme Court gives premises owners early holiday present, ruling “reasonable inspection” not required in slip and fall claim.

This final installment of our four-part incident documentation series takes a look at the power of surveillance video and photos... or the lack thereof.

Part three of this four-part premises liability series focuses on the strategic issues one should consider when collecting witness statements as part of an incident report procedure.

In this second part of our four-part series on premises liability documentation, we take a look at the importance of detailed incident reports as a means for defending against a plaintiff's slip, trip and fall claim.

Proper incident inspections are the focus of this post, which is the first in a four-part series on premises liability documentation best practices.

Appellate court reverses trial court ruling favoring bar owner in premises liability case, and in so doing, creates notice and open and obvious doctrine questions of fact.

The Michigan Supreme Court recently doubled-down on the plain meaning of "open and obvious" in premises liability claims by reversing two lower appellate court rulings.

Implementing a surveillance video retention policy can help businesses defend against premises liability claims.

A recent ruling by the Michigan Court of Appeals further clarifies the proper use of Grandberry-Lovette v Garascia in premises liability cases where constructive notice is at issue.

Appellate court rules school bus driver may be grossly negligent for decision to divert from normal route to "treat" students to an extra bumpy ride, resulting in injuries.

Appellate court affirms trial court's ruling to allow land survey as evidence in slip and fall liability case.

Actions outside the scope of an invitation by an invitee could change his/her legal status for purposes of premises liability.

Applying "open and obvious" doctrine just got tougher following recent appellate court ruling that a snow covered parking lot may represent a 'special aspect.'

The need to access one’s mailbox may constitute an “extenuating circumstance” such that Michigan’s open and obvious danger doctrine will not bar potential recovery.

Invitees can become a trespassers when they venture into an area they are not authorized or expected to be.

A recent ruling from the Michigan Court of Appeals may adversely affect knowledgeable property owners with regard to constructive notice.

The Michigan Court of Appeals recently ruled that a non-tenant plaintiff is not owed a statutory duty under state law governing the condition of a rental dwelling.

Michigan Supreme Court rules non-possessory, uninvolved property owners cannot be held liable in public nuisance claims.

Michigan House and Senate pass two bills, codifying trespasser liability and leaving intact any immunity and defenses.