{"id":6047,"date":"2020-05-28T15:59:15","date_gmt":"2020-05-28T19:59:15","guid":{"rendered":"http:\/\/localhost:10028\/?post_type=practiceareas&#038;p=6047"},"modified":"2022-06-21T16:55:28","modified_gmt":"2022-06-21T20:55:28","slug":"michigan-dam-failure-lawyers-2","status":"publish","type":"practiceareas","link":"https:\/\/www.napolilaw.com\/practice-areas\/michigan-dam-failure-lawyers-2\/","title":{"rendered":"Michigan Dam Failure Lawyers"},"content":{"rendered":"<h2 class=\"p1\"><span class=\"s1\">Michigan Dam Failure Lawyers<\/span><\/h2>\n<p class=\"p2\"><span class=\"s1\">Predictably heavy rains in the spring of 2020 turned into a disastrous flood when the privately-owned Edenville and Sanford Lake dams suffered catastrophic failure, leaving parts of central Michigan, including large swathes of Midland, Gladwin, and Saginaw Counties, suddenly underwater and formerly lakefront (and flood-damaged) homes in front of broad mud flats.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">The economic losses were equally sweeping. Countless homes and businesses sustained severe damage. Much of this damage may not be adequately covered by insurance. There are indirect losses as well. For example, Wixom Lake, a picturesque, century-old lake, became a muddy pit. Hundreds of lakeside homes lost much of their value, and that\u2019s just the beginning.<\/span><\/p>\n<p class=\"p3\"><span class=\"s1\">At <a href=\"\/our-attorneys\/\"><span class=\"s2\">Napoli Shkolnik<\/span><\/a>, our dedicated Michigan dam failure lawyers work hard to ascertain your losses and obtain the compensation you need and deserve. Because of our tenacious approach, we often are able to settle such claims out of court.<\/span><\/p>\n<p>From Our Blog: <a href=\"\/article\/are-aging-dams-ticking-time-bombs\/\">Are Aging Dams A Ticking Time Bomb<\/a><\/p>\n<h3 class=\"p4\"><span class=\"s1\">About Boyce Power LLC<\/span><\/h3>\n<p class=\"p2\"><span class=\"s1\">For a number of years, entities related to this Michigan-based engineering company designed, built, and maintained a number of key dams in the state, including the aforementioned Sanford Lake and Edenville dams. This spring, before the catastrophic dam failures, the state filed suit against these entities for allegedly opening the Edenville gates illegally, lowering Wixom Lake\u2019s water level by almost ten feet.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">This incident was not the first time the company fell under scrutiny. In 2018, the state cited Boyce Power for potential overflow remediation which would have avoided an incident like the Michigan dam failure. As a result, Boyce Power lost one of its operating licenses.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">The issues presented in this case are similar to the ones in the <a href=\"\/practice-areas\/environmental-litigation\/flint-michigan\/\"><span class=\"s2\">Flint, Michigan water crisis<\/span><\/a>. There, engineering firms betrayed the public trust and exposed thousands of residents to dangerously high lead levels; here, engineers betrayed the public trust and exposed thousands of residents to disastrous flooding and possible chemical contamination, including of ground- and drinking-water from private wells. <\/span><\/p>\n<p class=\"p3\"><span class=\"s1\">Napoli Shkolnik attorneys successfully intervened on behalf of the Flint victims and we will fight just as hard for central Michiganders in affected areas. We have the tools to bring about the same results to Michigan dam failure victims.<\/span><\/p>\n<h3 class=\"p4\"><span class=\"s1\">Liability Theories<\/span><\/h3>\n<p class=\"p2\"><span class=\"s1\">Water storage is an ultrahazardous activity. The risks include not only floods, but also hydroelectric disasters. Because of this designation, Michigan law holds companies like Boyce Power to a higher standard. And, as the old saying goes, the bigger they are, the harder they fall.<\/span><\/p>\n<p class=\"p5\"><span class=\"s1\">The Napoli Shkolnik team uses a variety of legal theories to obtain compensation for victims. The best option varies, depending on the facts of your specific claim. That\u2019s one reason to partner with an independent lawyer rather than join a class action suit. More on that below.<\/span><\/p>\n<h4 class=\"p6\"><span class=\"s1\">Negligence<\/span><\/h4>\n<p class=\"p2\"><span class=\"s1\">Essentially, negligence is a lack of care. Since water storage is a hazardous activity, the duty of care is high in Michigan. At a minimum, to comply with its legal responsibilities, each dam owner must have:<\/span><\/p>\n<ul class=\"ul1\">\n<li class=\"li7\"><span class=\"s1\">Dam safety permit,<\/span><\/li>\n<li class=\"li7\"><span class=\"s1\">Operational plan,<\/span><\/li>\n<li class=\"li7\"><span class=\"s1\">Successful inspection record,<\/span><\/li>\n<li class=\"li7\"><span class=\"s1\">Maintenance and emergency action plans,<\/span><\/li>\n<li class=\"li7\"><span class=\"s1\">Early warning system, and<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\">Limited access.<\/span><\/li>\n<\/ul>\n<p class=\"p2\"><span class=\"s1\">The bottom line is that dams regulated by the federal or state government must be designed to withstand flood, earthquake, or other natural disaster.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">If the company breached its duty, perhaps by failing to properly maintain the Edenville and Sanford Lake dams, the victims could be liable for substantial damages.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">Arguably, Boyce Power intentionally disregarded a known risk. Because it put profits above people, additional punitive damages may be available as well.<\/span><\/p>\n<p class=\"p5\"><span class=\"s1\">There may also be additional culpable parties; Napol Shkolnik\u2019s investigation is ongoing.<\/span><\/p>\n<h4 class=\"p6\"><span class=\"s1\">Strict Liability<\/span><\/h4>\n<p class=\"p2\"><span class=\"s1\">Manufacturers are strictly liable for injuries their dangerous products cause. It does not matter if the product is the tiniest microchip or the Hoover Dam. There are basically two types of product defects:<\/span><\/p>\n<ul class=\"ul1\">\n<li class=\"li7\"><span class=\"s1\"><b>Design Defect<\/b>: The Sanford Lake and Edenville dams are both earthen dams. Our Michigan dam failure lawyers can partner with civil engineers and other experts to show that the construction design was inadequate for the task at hand.<\/span><\/li>\n<li class=\"li2\"><span class=\"s1\"><b>Manufacturing Defect<\/b>: In this context, inadequate maintenance could be a manufacturing defect. In other words, the dams might have been solid at first, but over time, they became dangerously inadequate.<\/span><\/li>\n<\/ul>\n<p class=\"p3\"><span class=\"s1\">Frequently, to establish cause, Napoli Shkolnik attorneys simply let victims tell their own stories in their own words. There is a power in such testimony that is difficult to describe.<\/span><\/p>\n<h2 class=\"p4\"><span class=\"s1\">Your Legal Options<\/span><\/h2>\n<p class=\"p2\"><span class=\"s1\">Several class-action Michigan dam failure lawsuits have already been filed. Joining such an action might be a good idea, but there are significant pros and cons.<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">Napoli Shkolnik attorneys can also pursue individual actions. These efforts are tailor-made to your circumstances. And, we do not charge upfront legal fees in these matters. Generally, because we have such vast resources, we advance all costs as well <b><i>\u2013 if we do not make a recovery on your behalf, you will owe us nothing for our services.<\/i><\/b><\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">Damages in a negligence, strict liability, or other lawsuit usually include compensation for economic losses, such as property damage, and noneconomic losses, such as pain and suffering. Additional punitive damages are also available, if there is clear and convincing evidence that the defendant intentionally disregarded a known risk.<\/span><\/p>\n<p class=\"p8\"><span class=\"s1\">When man\u2019s neglect exacerbates a natural disaster, you need a strong legal advocate on your side. For a free consultation with an <a href=\"\/contact-us\/\"><span class=\"s2\">experienced Michigan dam failure lawyer<\/span><\/a>, contact Napoli Shkolnik PLLC. You have a limited amount of time to act \u2013 the relevant Statute of Limitations that time-bars claims may be as short as six months from the date of incident.<span class=\"Apple-converted-space\">\u00a0 <\/span>Act today to protect your rights or they may be lost forever!<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Michigan Dam Failure Lawyers Predictably heavy rains in the spring of 2020 turned into a disastrous flood when the privately-owned Edenville and Sanford Lake dams suffered catastrophic failure, leaving parts&#8230;<\/p>\n","protected":false},"featured_media":0,"menu_order":7,"template":"","practiceareas_category":[744],"class_list":["post-6047","practiceareas","type-practiceareas","status-publish","hentry","practiceareas_category-environmental-litigation"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.napolilaw.com\/wp-json\/wp\/v2\/practiceareas\/6047","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.napolilaw.com\/wp-json\/wp\/v2\/practiceareas"}],"about":[{"href":"https:\/\/www.napolilaw.com\/wp-json\/wp\/v2\/types\/practiceareas"}],"version-history":[{"count":0,"href":"https:\/\/www.napolilaw.com\/wp-json\/wp\/v2\/practiceareas\/6047\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.napolilaw.com\/wp-json\/wp\/v2\/media?parent=6047"}],"wp:term":[{"taxonomy":"practiceareas_category","embeddable":true,"href":"https:\/\/www.napolilaw.com\/wp-json\/wp\/v2\/practiceareas_category?post=6047"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}