Lawsuits Against Auto Dealers in Michigan

So, you have just purchased a vehicle and driven it off the lot, and a couple of days later, the vehicle breaks down or needs some other significant work. Not only are these situations inconvenient, but they can create extreme hardship as well. Michigan law protects unsuspecting consumers from auto dealers who use deceptive means and practices upon unsuspecting customers because public policy dictates that it do so. Despite the law, many dealers still operate in this way unfortunately. If you have found yourself in such a predicament, it is necessary to get an attorney you can trust involved to represent your interests.

Michigan Consumer Protection Act

The Michigan Consumer Protection Act was created specifically for the purpose of deterring unfair and deceptive trade practices. A wide variety of unconscionable methods used by merchants are outlined in the Act. However, as it pertains to the purchase of used vehicles, the MCPA prevents dealers from “dressing” up a vehicle with known problems, selling the vehicle off, and refusing to provide a refund when the problems become known. Dealers use many tricks to hide known defects. They may tinker with the odometer to make it look appear that the vehicle has less mileage. They also may misrepresent that the vehicle has not been in prior accidents or has been stolen in the past. In these situations, if the dealer is caught and sued, a plaintiff may collect its refund, and the dealer will be sanctioned by having to pay plaintiff’s attorney fees and costs.

Other Causes of Action

In addition to the MCPA, a plaintiff may choose to sue a dealer under theories of breach of contract, breach of warranty, or fraudulent or negligent misrepresentation. Usually, multiple theories will be included in a lawsuit filed against a dealer – which ones depend on the facts of each particular case. You should consult with an attorney to find out what may be appropriate for your situation.

Contact a Michigan Auto Attorney Today

Akiva Goldman & Associates has been in the business of helping our clients achieve their objectives for over twenty-five years. We are proud to serve all of Metro Detroit, and we would be happy to provide a free consultation. Call us today at 586-268-2400.

How a Michigan Auto Lawyer Can Help You

Buying a defective vehicle off the lot is not only inconvenient and frustrating, it can create substantial hardship as well. If you find yourself in such a predicament, you should contact an attorney to find out whether you have a legitimate claim. Dealers may use a wide variety of tactics to pull wool over the eyes of unsuspecting customers. Contact Akiva Goldman & Associates today to find out whether you have any recourse.

For additional information, please visit:

• Motorcycle Accident Attorney in Michigan
• Michigan Car Accident Attorney
• Michigan Personal Injury Attorney
• Truck Accident Attorney in Michigan

Michigan Traffic Accident – What to Do

Being involved in a car accident may be the scariest event many people face their entire lives. The shock and excitement that comes from being involved in such an event may make it difficult for those involved to slow their train of thought down, but this is exactly what needs to happen. The period of time in between when the accident occurs, and when the police clean up the scene, is crucial to determining fault and whether any mitigating factors exist for defending oneself should he/she be sued for resulting injuries. If you are involved in an accident, you should pay attention to the following.

Things You Should Do:

A. Call the police.

Contact the police right away. Dial 9-1-1 and demand that an ambulance or fire truck be sent immediately should you find that one is necessary. If you have been injured in an accident, you should ask for an ambulance regardless as many injuries may not be apparent right away (such as a head injury), and injured parties are required to mitigate damages.

B. Check on the occupants of the other vehicle, but don’t move them if they’re injured.

If you find that other occupants are injured, you may talk to them to see how they are doing, but you should be careful not to touch them. The last thing you want to do is make an already bad situation worse. Let qualified professionals do their job.

C. Exchange insurance information if possible, and get any other information you can including license plate numbers, drivers’ licenses, etc.

You should get as much of this information as you can while at the scene as it will make filing insurance claims and lawsuits easier later on.

D. Witnesses?

You should try to identify witnesses at the scene of the accident, and point them out to the police so that the police can more accurately produce an accident report. These witnesses may also come in handy should a trial be on the horizon, and even if a trial is not necessary, these witnesses may provide leverage as you negotiate a settlement.

E. Take pictures of your car, roads, etc.

Just like identifying potential witnesses, it is important to gather as much evidence at the scene of the accident as possible. Pictures can help point out signs and lights, road conditions, etc. Take these pictures as long as it is safe to do so.

F. Contact your insurer

You should contact your insurer to give them notice that you were involved in an accident. It may be necessary to open a PIP claim if you have been injured. It is important to discuss your case with an experienced Personal Injury attorney in Michigan today to determine what your legal rights are.

Contact a Michigan Attorney Today

If you were involved in a car accident, it is important to step into action to preserve useful evidence, and to make sure no more harm comes from the incident than that which already occurred. Doing the right thing may absolve you of criminal or civil liability, or it may help you build a case should you find that the other driver acted negligently. Contact an experienced Michigan Car Accident Attorney today at 586-268-2400 to discuss your case.

File For Full Custody In Michigan If You Aren’t a Biological Parent

Lots of people call our office trying to obtain custody for a child to whom they are not the biological parent. So, how are parental rights obtained for those who are not the biological parent of a child? What follows are various methods which grant parental rights and custody to those who are not the biological parents of a child.

Acknowledgment Under Adoption Code

One may file a verified notice of intent to claim paternity before an out-of-wedlock child is born under the Adoption Code. A rebuttable presumption (evidence refuting the claim may be brought forth by the mother) is created that one who files said notice is the father of the child.

Acknowledgment of Parentage

Parties for a child born out of wedlock may sign and notarize a form which establishes paternity. However, in these situations, the mother is granted full custody unless a court orders otherwise or the parties agree on a different custody arrangement in writing.

Equitable Parent Doctrine

The equitable parent doctrine applies to those situations where a child was conceived and born in wedlock, and the non-biological husband seeks custody of the child as he is willing to assume all rights (custody and parenting time) and obligations (paying child support) that a biological father would have. This doctrine is not applicable for unmarried parties and children born out of wedlock.

Adoption

The first requirement involved in the adoption process is that the biological parent’s parental rights have been terminated. Many parents terminate those rights voluntarily; in many other cases the court terminates those rights where it finds that termination is in the best interests of the child. Once parental rights have been terminated, a petition to adopt must be filed. The adoption process may be by agency placement or direct placement (biological parent selects adoptive parents). There is a minimum six month waiting period from the time a petition is filed and a final order of adoption is issued. The time frame may be extended to as long as 18 months.

Get a Michigan Family Law Attorney Today

Akiva Goldman & Associates is an experienced family law firm. Contact our Michigan Family Law attorney today for a free initial consultation at 586-268-2400. Our lawyers can let you know whether obtaining custody of a minor child is a real possibility, and if so, identify the appropriate method of obtaining your objectives.

Michigan Premises Liability – Store Owners and Video Cameras

A tragic story has recently placed the entire state of Michigan on notice of a young woman who was abducted a few weeks ago.  Jessica Heeringa was expected to close the gas station that she worked at in Norton Shores, Michigan on April 26.  The police have limited leads in large part because there are no available photographs or video; obviously this kind of information would be extremely useful in tracking down this young woman or her abductor.  It is surprising that a gas station in this day and age would not provide this kind of equipment.  Inquiries and conversations via message boards and water cooler chatter have arisen in this regard; many are shocked and argue that the store owner should be held liable.  It is surprising that a store would not have at least one camera to protect against criminal acts of third parties.  The question becomes: was the store required by law to provide this kind of equipment?

 What is Premises Liability?

 Premises liability is essentially a negligence claim made against a landowner for failing to protect other people who come upon their property.  The duty owed to protect other people is dictated by how those people are classified: invitees, licensees and trespassers.  The lengths that a landowner must go to in an effort to protect other people depend on factors such as what the land is used for and whether there are hidden dangers or abnormally hazardous conditions present.

 Is the Store’s Owner Required to Provide Surveillance Cameras?

 Surprisingly enough, there is no duty on a landowner to install surveillance cameras to protect against criminal acts by third parties.  The Michigan Supreme Court has spoken on this issue and determined that the only duty a store owner has is to “reasonably respond” to situations which pose a risk of “imminent and foreseeable” harm.  What does this mean?  A store owner or employees have a duty to call the police.  There is no doubt that the situation involving Jessica Heeringa is tragic and disturbing.  Despite the fact that many out there believe that the gas station she was employed by should have done more to protect her or other customers, Michigan law does not require much from store owners in this regard.

Summary

By now most Michiganders have heard about the abduction of Jessica Heeringa from a gas station on the west side of the state.  Many wonder whether her employer should be held accountable for failing to provide surveillance cameras in an effort to protect its employees and customers.  Unfortunately, there is no duty on a store owner to provide this equipment under Michigan law. If you have any legal questions, contact our Michigan Premises Liability Attorneys or our Personal Injury Attorneys in Michigan.

Michigan Traffic Violations Misdemeanors

Not all traffic violations are civil infractions, or tickets. People often mistakenly assume that when they are pulled over and receive a citation summoning them to court, that all they must do is pay a fine and all will be well. Other times, drivers feel that they can get away without paying a fine or appearing in court because all they got was “ticket.” It is important to distinguish between a civil infraction and a misdemeanor. Civil infractions are not included on an offender’s criminal history; misdemeanors will be included as they are criminal offenses—not traffic offenses. Failure to appear at one’s hearing (arraignment) on a misdemeanor will result in a bench warrant being issued for his/her arrest. What follows are common offenses often mistaken as civil infractions.

Misdemeanors Confused With Michigan Traffic Violations

Not all traffic violations are civil infractions, or tickets. People often mistakenly assume that when they are pulled over and receive a citation summoning them to court, that all they must do is pay a fine and all will be well. Other times, drivers feel that they can get away without paying a fine or appearing in court because all they got was “ticket.” It is important to distinguish between a civil infraction and a misdemeanor. Civil infractions are not included on an offender’s criminal history; misdemeanors will be included as they are criminal offenses—not traffic offenses. Failure to appear at one’s hearing (arraignment) on a misdemeanor will result in a bench warrant being issued for his/her arrest. What follows are common offenses often mistaken as civil infractions.

Reckless Driving

Reckless driving is a misdemeanor punishable by up to 93 days in jail and/or a fine of up to $500. Six points get placed on an offender’s driving record. The Michigan Secretary of State will suspend one’s license for 90 days once informed by the district court. Reckless driving is defined as “willful or wanton disregard for the safety of persons or property.” What does willful or wanton disregard mean? It can mean different things to different judges or juries. That’s why you need a lawyer to assist you in presenting an argument that a civil infraction is more appropriate.

Driving With a Suspended License

This charge is self-explanatory. It carries a penalty of up to 93 days in jail and/or a fine of up to $500. There is little which resembles a legitimate argument against this charge. Again, an attorney can help you make a deal.

Leaving the Scene of an Accident

This offense may be a felony or misdemeanor depending on the particular circumstances of your case. If you seriously injured another person, you are likely to be charged with a felony. If you only caused property damage, you are likely to be charged with a misdemeanor. Even if one is charged with a misdemeanor, jail time may be ordered up to 90 days, a fine of up to $100 may be ordered and six points will be entered on a driving record.

Contact a Michigan Defense Lawyer Today

If you have been charged with one of the alluded to misdemeanors, you should contact an attorney right away. Attorneys are skilled negotiators who will attempt to get the misdemeanor dismissed in place of a civil infraction—a good deal to be sure. Akiva Goldman & Associates are experienced defense attorneys. Contact us today for a free initial consultation at 586-268-2400. If you require additional information, please visit Michigan traffic ticket or Michigan criminal defense attorney.

Reporting A Michigan Dog Bite

Dog bites can result in serious injury to yourself or someone you care about. They are also the source of legitimate claims made against dog owners. Our office is often asked about what to do in the event of a dog bite. Let’s take a moment to discuss what is necessary to make a successful claim.

Dog Bite Claims

Plaintiffs injured by a dog usually sue on a variety of theories. A statutory claim may be made, as well as claims based in the common law. While all claims are similar, they are slight subtleties that differentiate them from one another. Therefore, where a statutory claim may be successful, a common law claim may not be. It should be noted that there is no double recovery. So, if one is successful under multiple theories that cover the same injury, they will only be able to collect once.

A statutory claim for a dog bite injury can be made if the following elements are proved:

• Injury the result of a dog bite;
• Plaintiff was in a public place, or lawfully on the premises, when injured;
• Plaintiff did not provoke the dog; and
• The defendant is the owner of the dog.

There is also a strict liability claim that may be based upon the common law; those elements are a little different from the statutory action:

• Plaintiff was injured or attacked by a dog;
• Plaintiff was in a public place, or lawfully on the premises, when injured;
• The defendant is the owner or keeper of the dog; and
• The defendant knew, or should have known, of the dog’s dangerous propensities.

Finally, there is a common law, negligence claim that may be made:

• Plaintiff was in a public place, or lawfully on the premises, when injured;
• Owner, keeper or possessor had prior knowledge of the dog’s dangerous propensities, had notice of the dog’s dangerous propensities, or was negligent under the circumstances;
• Plaintiff was attacked by the dog; and
• Damages.

Reporting a Dog Bite

If you or someone you know is attacked by a dog, the first thing you should do is contact the police. If necessary, you may have to call 911. Also, it is important to contact the department of public health in whatever county you live in. Reports of animal bites will be created, and they are likely to prove helpful if a lawsuit is filed later on. It is also important to find out from the dog’s owner whether the animal has been vaccinated against rabies. Rabies is a very serious disease, and although contracting it is extremely rare, it will cause death in the event that it is passed on. It is also important to document the situation. Take pictures of the injuries sustained, and save receipts from hospital or doctors’ visits. Contact a dog bite attorney in Michigan for legal guidance.

Michigan Dog Bite Injuries

Injuries which are the result of dog bites are not to be taken lightly. They can potentially cause serious problems. If you or someone you know has been bitten, you shouldn’t talk to opposing counsel of the dog owner alone. As with any personal injury case, it is important that you refrain from admitting anything without the assistance of a lawyer. Our office is experienced in handling dog bites, as well as other personal injuries. Contact us today at 586-268-2400 or visit us at Michigan Dog Bite Attorneys.

Michigan Auto Accident: Who Pays?

If you or someone you know has been injured in a Michigan car accident, and the facts of the particular case establish that you are entitled to no-fault benefits, it is important for you to be aware of what benefits may be available to help one recover from an injury. The No-Fault Act in MI provides for personal protection insurance (PIP) benefits that allow an injured motorist to apply to her insurer for a wide variety of benefits. When an insurer refuses to pay benefits and a lawsuit commences, it is called a first-party suit. If one is killed, permanently disfigured, or suffers a serious impairment of a body function, a lawsuit against the other driver may be appropriate in what is called a third-party suit.

Michigan PIP insurance benefits cover a wide variety of necessary medical expenses. Insurers may be required to cover the cost of medicine, equipment, hospital and doctor’s bills, nursing home care, private duty nursing care, and rehabilitation services. Not only that, but if a family member is providing one of these services for you, your insurer may be required to reimburse that person for providing services for you.

Claimants may also be entitled to wage loss benefits and incidental expenses that cover the cost of living (food, utilities, rent, etc.), modifying a vehicle or home (such as building a ramp for a wheelchair), or the cost of transportation to and from hospitals, doctor appointments or rehabilitation facilities. Some injured claimants find that their insurer has to pay up to $20 per day, for up to three years after an accident, which covers replacement services. Replacement services are those activities an injured party used to participate in before she was injured but can no longer accomplish as a result of sustained injuries. These services cover activities such as shoveling snow off a driveway, mowing a lawn, picking up around the house or driving a child to soccer practice.

Clearly, there are some great benefits available for people injured in an Michigan car accident. The great thing about PIP benefits is that a claimant does not have to wait for these benefits as insurers are penalized for refusing to pay claims. So, if you or someone you know has been injured in an automobile accident, it is important to contact your insurer immediately. If an insurer refuses to provide benefits, it is necessary to find an experienced no-fault attorney. Contact our auto accident attorney in Michigan for legal assistance.

I Was Replaced As A Life Insurance Beneficiary: Now What?

I got a phone call recently from a woman who wanted to know whether her daughter was entitled to the proceeds of a life insurance contract where her father, the woman’s ex-husband, named her as the sole beneficiary. Unfortunately for the girl, her father changed the beneficiary of his life insurance policy to his mother just before he died from brain cancer. The woman wanted to know whether her daughter could challenge the policy as the sole heir to her father’s estate (he died intestate, or, without a will).

I told the woman that the proceeds to a life insurance policy are property that passes outside of probate. Instead, the proceeds are the result of a contract that exists between the insurance company and the decedent. Therefore, challenges made regarding the appropriate beneficiary are based in normal, contract law. Or, the daughter had no right to challenge the appropriate beneficiary just because she was her father’s only heir. These challenges may be made in district or civil court, but may often times be made in probate court as well. So, what challenges are typically made in these kinds of situations? Usually, there is only one.

Challenges made as to the appropriate beneficiary of life insurance proceeds are almost always based on the decedent’s mental capacity at the time the change was made. The mental capacity required to change a beneficiary in a life insurance policy is the same as the capacity required for entering into any other contract—a person must have the ability to understand the nature and consequences of his actions. This analysis has little to do with the decedent’s overall level of intelligence, financial wherewithal, or motivation.

Instead, the court must determine whether a decedent, at the time of changing a beneficiary, knew what he was doing. Often times, challenges made as to the appropriate beneficiary will include allegations that others unduly influenced or coerced the decedent while she was in a vulnerable state. So, what we are left with is a two-part analysis which involves the mental capacity of the decedent at the time a beneficiary was changed, and whether there were outside influences which took advantage of a vulnerable policy holder. One must examine potential witnesses and the surrounding circumstances to determine whether the unclean hands of one muddied up any modification made to a life insurance policy.

For more information, please visit us at Michigan Personal Injury attorneys or call our law firm at (877) 737-8800 (toll-free).

How To Fight A Speeding Ticket In Michigan

If you’ve been pulled over by a police officer, and you weren’t arrested for drunk driving, it is likely that you were issued a civil infraction. Civil infractions are the tickets police officers issue to offenders of traffic violations. These infractions do not impose major sanctions, jail time or require a jury trial; but they can create hardship, and often create inconvenience and annoyance.

Civil infractions typically notify the offender of the violation committed, and the date and time the offender must appear in court. Most offenders accept responsibility and immediately pay the applicable fine without attending such a hearing. However, offenders who feel that they have a valid argument must schedule and attend an informal hearing. Only if an offender requests a formal hearing, or where the offender hires an attorney to do so on his behalf, will a formal hearing be scheduled. There is little difference between an informal and formal hearing. In either scenario, the offender appears in court to explain his side of the story to the judge. There are neither “guilty” nor “not guilty” pleas in traffic court. Instead, pleas of “responsible” and “not responsible” are required.

The truth is that an offender’s best argument for fighting a traffic citation is hoping that the police officer who issued the citation fails to appear at the hearing. Having said that, most officers are diligent when it comes to attending said hearings. Therefore, if you’ve been pulled over and you intend to fight a citation, it is best to remain calm and treat the officer with respect. You do not want to create extra motivation for the officer to appear at your hearing, and the more you argue with an officer, the more memorable you become.

If an officer does show up at a hearing on a traffic citation, the offender’s odds of prevailing in front of a judge are slim to none. Typically, the judge is already going to know who the police officer is because police officers testify before judges all the time. As unfairly as it may seem, judges are going to take a police officer’s word over the word of an offender almost every time.

If you decide that it is in the best interests of yourself or someone you know to fight a traffic citation, it is a good idea to contact our office at (248) 588-3333 to discuss your options. An experienced Michigan traffic attorney can help you beat or plea bargain your speeding ticket. It is important to recognize that attorneys are skilled negotiators and can often bargain with prosecutors to amend a citation so that you pay a smaller fine, or even better, are assessed fewer points on your driving record.  For more information, please visit us at Speeding ticket in Michigan or call our law firm at (877) 737-8800 (toll-free).