Drunk Snowmobiling Can Be Fatal Winter has finally arrived with piles of fresh powder.  And for snowmobilers across the State of Michigan, the trails of northern Michigan are increasingly becoming more populated.  In Michigan, it is illegal to operate a snowmobile with a blood alcohol level equal or greater than .08.  The newly revised law took effect on December […]

Winter Road Conditions Mandate Slowing Down

It may seem obvious.  It may seem an unnecessary public service caution to express.  Especially for us northern Michiganders.  But for whatever the reason, once winter returns the local news is ripe with car crashes occurring in our area, most often because a driver was driving too fast for conditions.  The posted speed limit is […]

Highway Liability Back Before The Michigan Supreme Court

Smith & Johnson’s partner, L. Page Graves, argued a case of first impression regarding liability against the MDOT for failing to maintain parallel parking spaces in reasonable repair for the safety of pedestrians exiting their motor vehicle, before the Michigan Supreme Court, dated December 9, 2015; see the entire oral argument at: http://www.michbar.org/courts/virtualcourt… A published […]

Skiing/Snowboarding Helmets Increase Safety

Several ski resorts in Northern Michigan have already opened and several more have announced their season will begin this weekend.  With that in mind, it is time to re-check and make sure your and your child’s ski or snowboarding helmet fits properly and is not cracked or damaged, necessitating immediate replacement.  A helpful guide indicating when to replace […]

Avoiding Unsuspected Snow-Blower Injuries When Engine Is Off

It’s time to dust off the snow-blower and move it to the front of the garage for regular use.  And it is time to learn that even the most cautious person can still sustain catastrophic injury while exercising extreme care.  No logical person would think of dislodging clogged ice and snow while the machine is operating.   […]

National Teen Driver Safety Week

This week, the National Highway Traffic Safety Administration reminds us all about our role as parents, guardians and mentors of our teenage drivers.  Tragically, according to the NHTSA, motor vehicle crashes are the leading causes of death for 14-18 year olds in the United States.  The NHTSA has published a helpful “5 to Drive” set of […]

National Fire Prevention Week

Obviously, fire safety in the home is common sense and not to be ignored.  But with the daily hustle of work and family schedules, it is easy to let slide the routine chore of double-checking your household fire alarms (replace with fresh batteries) and fire extinguisher (making sure it is not expired).  And that is why the American Red […]

Volkswagen’s Alleged Deceptive Trade Practices

The Michigan Consumer Protection Act (MCPA), is a statutory cause of action for conduct constituting unfair, unconscionable, or deceptive trade practices. MCL 445.901, et seq.   Under the MCPA, a deceptive trade practice is defined to include “(c) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have […]

Roundabouts on M-72 (Traverse City, Michigan) With the growth and development progressing from Acme, east toward Kalkaska, the MDOT has elected to redesign M-72 to include roundabouts.  While MDOT proclaims roundabouts will decrease accidents and improve safety, a closer reading of its own exhaustive study reveals that the facts are not necessarily conclusive.  In fact, […]

Radical Change to Michigan No-fault Law

There has been a radical change to Michigan’s No-fault Law.  The radical change was announced in the recent decision published by the Michigan Court of Appeals, on September 10, 2015. The radical case is Perkovic v Zurich American Insurance Company, __ Mich App __ (2015).  Since the no-fault act was enacted back in 1973, it […]