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Who Will Be Sued In Your Injury Case?

The legal system is confusing. After an injury accident, you may be wondering to yourself who is my attorney going to be suing?  That depends on several factors including what type of case you have, the facts and circumstances of your case and when your accident happened.

Auto Accident Injury Cases

If you have been involved in an automobile accident and the accident was not your fault, your attorney will likely be filing a lawsuit against the driver of the car who caused your accident. If the driver of the car was not the owner of the vehicle, then it is likely that your attorney will also file a lawsuit against the owner of that vehicle.

The owner of an automobile is vicariously liable for the negligent acts of the driver of that vehicle so long as the driver of that vehicle took the vehicle with the owner’s permission.  If the vehicle was taken without the permission of the owner, then the owner of the vehicle would not be liable and should not be sued.  Ownership and permissive use are often a heavily litigated issues.

In the scenario in which there was permissive use, the driver and owner of the vehicle may have different insurance policies. If that is the case, you will notice that there may be multiple defense attorneys appearing on behalf of each the owner and the driver of the vehicle.

If the car that caused the accident is an employer furnished vehicle, then it is possible that your attorney will be filing a lawsuit against the at-fault driver’s employer as well. This is for two reasons. First, if it is an employer furnished vehicle, then the employer is the owner of the vehicle and therefore liable (assuming permissive use of course). Additionally, if the driver is in the course of scope of his employment for the employer, then the employer is vicariously liable for the negligent acts of the employee acting in the course and scope of their employment.

A very common scenario that we are seeing an abundance of lately is one in which the car is owned by the driver but they are in the course and scope of their employment either delivering packages, people or food. The scenarios include Uber (or similar), private individuals delivering for companies such as Amazon, or food delivery service such as DoorDash. In these scenarios, if the driver was in the course and scope of a delivery at the time of the accident, even though they were in their own car, the company that they were working for would still be vicarious liable.

Commercial Vehicle and Trucking Accidents

Commercial Vehicle and Trucking accident cases can be very complicated. Normally, a lawsuit would be filed against the driver and the owner of the commercial vehicle (usually a trucking company or independent owner/operator). However, if the truck is owned and operated by a company that is delivering its own product, then the driver and the company would be sued because they own the truck and they are also liable for the actions of their employees.

Premises Liability Cases

If you are injured at a residential home, it is likely that your attorney would be filing a lawsuit against the residence owner. This would commonly include slip or trip and fall cases or cases in which an injury was caused by the negligent actions of a resident of the home.

If you are injured at a commercial property, such as a store or restaurant, the store or restaurant or it’s parent company would be responsible for your injuries.

It is also possible that if you were injured at a commercial property such as a store, you may have been injured in the parking lot. If you were injured in the parking lot on the commercial property and that commercial property is owned by another individual, that individual would be liable for an injury that occurs on the premises.

Dog Bites

In Michigan, dog owners are strictly liable for a dog bite that occurs. So, if you have been injured as a result of a dog bite, the dog owner is the likely party who will be sued for your injuries.

However, if the dog owner is living on the premises of another individual and that individual participates in the care and maintenance of the dog, then it is likely that the premises owner may be liable for the dog bite as well.

Contact Us For Help With Your Case

Whether you have been injured in an auto accident, slip or trip and fall or a dog bite, the experience attorneys of Femminineo Law are ready to help you today.  We can be reached anytime at 855.65.CRASH or by contacting us.

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Femminineo Law, PLLC is Michigan’s finest personal injury firm. He has succeeded in recovering hundreds of millions of dollars for victims of highway accidents, medical malpractice, slips and falls, and for wrongful death matters throughout the State of Michigan.

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