Detroit Personal Injury Lawyer - Miscellaneous

Michigan Boating Accident Lawyer | What To Do

Daniel Buckfire — Wed, 08 Oct 2008 16:36:44 GMT

The best ways to avoid boating accidents are simple: be familiar with the basics of boating safety and carefully observe all the rules of water. However, even the most careful boater cannot control the actions of the other boaters on the water or make them be careful. As the boating season wraps up for the year, take some time to consider the following tips on what to do if you are ever involved in a boating accident.

Determine if anyone has been thrown overboard. Throw them a life preserver, life jacket, or other personal flotation device. Most people are not strong enough swimmers to save a drowning person by jumping in the water to get them. Even throwing a rope or anything else the person can grab onto is better.
Determine if anyone needs first aid or medical attention. Apply first aid as circumstances permit.
Render any aid to any other vessel involved if you are able.
Call the Coast Guard or other law enforcement agency to report the accident. Accidents must be reported when there has been a death, medical attention beyond first aid is needed, property damage over $2000 has occurred, or the vessel is not repairable.
Once everyone is safely onboard and any medical attention has been provided, exchange information with the other vessel. Ask for and provide name, address, and telephone number of each person on board and any other witnesses; name and registration number of the boat; insurance company; and the insurance policy number.
Take photographs of any damage to the boat and any visible injuries to a person.
File a boating accident report with the Coast Guard and any appropriate state or local agency.
Contact an experienced Michigan boating accident lawyer for help in filing insurance claims and to determine if you have a legal claim against the other boater.

Originally posted at InjuryBoard by Daniel Buckfire

Lake St. Clair Drowning| Michigan Boater Safety

Daniel Buckfire — Thu, 25 Sep 2008 15:43:48 GMT

I just read about a drowning accident on Lake St. Clair that has resulted in the death of Paul Berkholz of Warren. Mr. Berkholz and his brother were boating on Lake St. Clair Tuesday evening. The two decided to go swimming in the lake and were swept away by the current. The brother was found floating the lake. He was four miles offshore and had been floating for about a half hour. The Coast Guard used night-vision goggles to find Paul Berkholz. Unfortunately, he was already dead by the time he was rescued.

This is a terrible accident and I am very sorry that it occurred. My sympathies are with the Berkholz family at this time.

This serves as a reminder that boater safety is very important. As summer winds down and Michiganders try to squeeze in their last few days on their boats for the year, it is important to remember to always use life jackets and personal flotation devices when on the water. Michiganders should also remember to teach boater safety to teenagers and other inexperienced boaters. Boater safety resources are available through the Michigan Department of Natural Resources.

Originally posted at InjuryBoard by Daniel Buckfire

Michigan Dog Bite Lawyer| Proposed Dog Bite Ordinances

Daniel Buckfire — Tue, 23 Sep 2008 15:35:20 GMT

Proposed dog bite ordinances are being considered in several Metro-Detroit suburbs. Several cities are considering dangerous or vicious animal ordinances, like the recently-enacted Farmington Hills Dog Bite Ordinance, while others are considering breed-specific ordinances targeting pit bulls and similar dogs. Both sets of ordinances create additional duties for dog owners. Some require dog owners of dangerous animals to carry insurance for their dogs up to a specified amount. These ordinances aim at decreasing the possibility of injuries from dog bites and dog attacks. I encourage anyone interested in living in a safer community to contact their city, village, or township councils and tell them you support a tougher dog bite ordinance.

Originally posted at InjuryBoard by Daniel Buckfire

Farmington Hills Enacts Dog Bite Ordinance

Daniel Buckfire — Thu, 18 Sep 2008 10:11:00 GMT

Farmington Hills recently enacted a dog bite ordinance that threatens owners of vicious dogs and other pets with the label “dangerous animal.” The ordinance establishes an Animal Review Board, which consists of the City Manager, Police Chief, and Fire Chief, or their designates, and which may include a veterinarian, animal behaviorist, and/or animal trainer.

A “dangerous animal” generally is one which has attacked or bitten a human being or domestic animal, or one which otherwise causes or threatens to cause serious injury to a human being or domestic animal.

If the Animal Review Board labels a dog or other animal as “dangerous,” its owners will be required to register the animal, post signs on their property, properly enclose the animal, and take the animal to obedience classes. Most significantly, owners will also be required to carry a minimum of $1.5 million in personal liability insurance to cover any injuries caused by the animal.

Failure to comply with the ordinance is a misdemeanor. Read the full text of the dog bite ordinance.

Originally posted at InjuryBoard by Daniel Buckfire

Fireworks Accidents and Injuries

Larry Buckfire — Tue, 24 Jun 2008 13:20:00 GMT

Virtually every July 4th celebration includes a fireworks show. These are either the big fireworks shows at cities, on lakes, or at local fairs or just the home use of smaller fireworks. These include firecrackers, bottle rockets, sparklers, and other fun stuff that Americans light in backyards, parks, and in their neighborhoods. The tradition is great fun, but there are also a significant numer of serious accidents and injuries reported every year from these displays.

Prevention of fireworks accidents is essential and responsible adults need to take steps to protect children, other adults, and even themselves. Injuries occur when safety takes a backseat to excitement and entertainment. People injured due to a fireworks accident do have legal rights to be compensated if their injuries are the result of some form of negligence or recklessness by the person responsible for the show. Because injuries are often serious, including burn injuries, eye injuries, and brain injuries, the amount of settlements from these lawsuits can be significant. My firm is contacted every year just after the holiday to represent somebody injured by fireworks.

Originally posted at InjuryBoard by Larry Buckfire

Police Abuse Jury Verdict Sends Message

Larry Buckfire — Fri, 18 Apr 2008 08:20:24 GMT

No doubt that police officers in the United States have an incredibly difficult and demanding job and are underpaid and underappreciated by many of our citizens for their efforts. There are times, though rare, when officers get out of control, abuse their power, and intentionally injure innocent people. In these situations, our civil justice system does provide a legal remedy for the injured person against the police officers.

For most police abuse and police misconduct cases, the lawsuits filed by the injured person alleges violations of both constitutional civl rights and state rights. The precise claims and allegations often depend on the conduct of the officers and the facts of the incident. A jury in Los Angeles recently awarded two men a $4.5 million dollar settlement for their civil rights claims against several police officers. The men were at a Halloween Costume Party and were beaten with batons, pepper sprayed, and fired at with a bean bag gun. The jury felt that the conduct and brutality of the police officers was excessive and unlawful. The city claimed that the officers acted properly.

Police officers face danger and uncertainty on every single shift of their job. The public looks to the officers to protect them and their families from criminals. Unfortunately, there are those ocassions when the officers are the ones acted in like criminals and the law holds them accountable for their actions. Juries often send law enforcement officers the message that they, like everyone else, are not above the law.

Originally posted at InjuryBoard by Larry Buckfire

Rabies Rising in Michigan: Are dog bites to blame?

Larry Buckfire — Thu, 17 Apr 2008 08:11:00 GMT

Michigan health officials report a rise in the number of rabies cases in Michigan. Michigan reported more than five times the number of rabies cases last year than there were just ten years ago. Unfortunately, rabies is often not detected or diagnosed for weeks after the a person is infected with the disease. It often comes from a bite or scratch from an animal.

Most people associate rabies with dog bites, but in reality a large number comes from bites and scratches from racoons, bats, and even from cats. On several occasions, a house cat brought a bat home as a "present" for his owner, only to learn that the bat had rabies. In many of those situations, the house cat also had to be put to sleep. It is important to vaccinate all pets, especially ones that go outdoors, to prevent this disease.

In cases involving dog bites, the injuries from the dog attack are much more severe. In cases where rabies is not an issue, the dog bite victim often sufferes significant scarring, nerve damage, and post-traumatic stress from a dog attack. Unlike attackes and bites from wild animals, persons attacked by a dog often have legal recourse against the owner or keeper of the dog that attacks and bites them. Recently, a dog bite injury victim settled a claim resulting from a pit bull attack for $475,000.00. My firm handles a number of Michigan dog bite attack cases and the injuries from these attacks are often severe and permanent.

Originally posted at InjuryBoard by Larry Buckfire

Secret Detroit Mayor Whistleblower Documents

Larry Buckfire — Tue, 05 Feb 2008 16:40:13 GMT

"The documents in question were never introduced into evidence during the lawsuit or trial, were never part of the evidence the jury considered during the trial and many of the documents have never been in the city's possession," said Sharon McPhail, general counsel to the mayor, said in a statement. "We disagree with the judge's ruling and will immediately appeal."

The recent news about Mayor Kwame Kilpatrick's text messages and possible perjury charges have made headlines and have been the top story on local newscasts. This comes after a substantial Whistleblower case jury verdict in favor of two fired Detroit police officers who claimed they were wrongfully terminated by the City of Detroit. The text messages between the Mayor and his top-aide were not obtained until after the trial, but would have certainly provided further support to the claims of the dismissed officers. The city subsequently paid a settlement in the neighborhood of $9 million dollars. Local news agencies have been attempting to obtain additional documents under the Freedom of Information Act, but the city has attempted to block those records. A lawsuit was brought to compel the production of those records and Wayne County Circuit Court Judge Robert Colombo Jr. has ordered the city to turn them over.

Judge Colombo is known throughout the legal community as an extremely fair and intelligent jurist without an agenda. In this case, he considered all arguments and the applicable legal standards before compelling the production of the documents. Despite the fact that Judge Colombo's decisions are rarely overtuned by higher courts, the city apparently plans to appeal his decision.

Originally posted at InjuryBoard by Larry Buckfire

Colorado Sexual Assault Case Settled

Larry Buckfire — Wed, 05 Dec 2007 13:57:43 GMT

The University of Colorado has settled a lawsuit filed by two women who alleged that they were sexually assualted by football recuits. The women will share a total settlement of $2.85 million dollars. The women's lawsuit alleged CU violated federal law by fostering an environment that allowed sexual assaults to occur. The suit accused the university of failing to adequately supervise players when the women were raped in 2001.

The case was previously dismissed by a trial court judge but then re-instated by a Federal Court of Apeals panel. THe settlement puts an end to over six years of litigation and provides the victims with appropriate monetary compensation for their injuries. Hopefully, they are well into their road to recovery after this tragic event.

Originally posted at InjuryBoard by Larry Buckfire

Amtrak Train To Chicago Crashes

Larry Buckfire — Sat, 01 Dec 2007 09:11:16 GMT

An Amtrak train travelling from Michigan to Chicago on November 30, 2007 crashed into the back of a freight train ust as it entered the Chicago yard. Dozens of people were injured and taken to the hospital, including five Amtrak employees who were in critical condition. At least 187 passengers and six crew members were on train No. 371, also known as the Pere Marquette, which was to arrive at Union Station at 10:30 a.m. after leaving Grand Rapids, Mich., at 7:35 a.m.

Statements from witnesses and railroad employees indicate that the operators of the Amtrack train were at fault in the accident for slamming into the back of the Norfolk Southern car. The National Transportation Safety Board has sent a team to the scene to futher investigate the cause of the accident. Other agencies involved are the Federal Railroad Administration and the Illinois Commerce Commission, as well as Amtrak and Norfolk Southern.

Based upon the outcome of the investigations, the injured passengers will have a civil claim for damages against either Amtrack or Southern Railroad. Officials will ultimately determine who was at fault at the accident and take measures to prevent another similar accident in the future. My firm is in Michigan and represents clients injured in all types of commuter accidents, including train accidents.

For more information on this subject, please refer to the section on Mass Transit Accidents.

Originally posted at InjuryBoard by Larry Buckfire