Michigan Slip and Fall Lawyer
Southfield, Michigan Slip and Fall Attorneys
Under Michigan law, all property owners have a duty to maintain their property so that their visitors are safe while on the premises. The property owner must make visitors aware of potential hazards. If an owner fails to maintain their property adequately or doesn’t provide ample warning of hazards, the property owner may be held financially accountable after an accident. Contact an experienced Michigan slip and fall lawyer as soon as possible for your claim.
If you were injured due to the negligence of another person or business, you may be able to obtain compensation for your injuries and other damages. Consulting with a skilled personal injury attorney at Lipton Law can help you understand your legal rights and options. Our Michigan premises liability attorneys will give you an honest assessment of your case and identify the best course of action to pursue.
At your first free consultation, we’ll go over the details of your case and explore your legal options. Call us today at (248) 557-1688 to schedule a no-obligation consultation with the experienced Michigan slip and fall attorneys at Lipton Law.
Michigan Slip and Fall Law
According to Michigan laws, property owners have a responsibility to make their property reasonably safe for customers, guests, and invitees. If a dangerous condition on the property results in injury to someone, the property owner or possessor could be held liable for damages.
When a slip and fall victim files a claim against a negligent property owner, they must be able to prove the existence of a dangerous condition on the property. They must also prove that the condition caused their fall and their injuries. This is why working with a Michigan personal injury lawyer is so important.
Michigan Premises Liability
Michigan law holds property owners liable for accidents that happen on their property. Property owners have different standards of care to meet depending on the type of visitor. Michigan premises liability laws define three types of visitors: invitees, licensees, and trespassers.
Invitees have the highest standard of care owed to them. These visitors are customers or clients who have commercial business at the property. This includes grocery stores, local businesses, and big box retailers.
Property owners should conduct routine inspections and maintenance to make sure their property is safe for invitees. Property owners are responsible for dangerous conditions on their premises that they should know about. Additionally, they have a responsibility to provide effective warning about those conditions. For example, a property owner may use signage to warn about wet floors and risks.
Licensees are social guests of the owner or those living on the property. Friends and family fall under this category. Property owners have a slightly lower standard of care for licensees. Property owners should fix hazardous areas that they are aware of and warn guests about dangerous conditions.
Trespassers are uninvited guests who have no legal right to be on the property. Property owners cannot intentionally harm trespassers, but that’s the only standard of care necessary. In most cases, if someone is injured while trespassing, the property owner is not liable for the injuries sustained. There are, however, certain exceptions, including accidents involving children.
Michigan Fall Statistics
Fall accidents can be dangerous for anyone, regardless of age. More than 3 million older adults go to the ER for fall-related injuries every year. Additionally, according to the Centers for Disease Control and Prevention (CDC), one out of every ten falls results in a serious injury for older adults. Common fall injuries for older individuals include hip fractures and traumatic brain injuries.
The CDC also notes that falls are the most common cause of injury-related death for older adults. Older adult fall death rates increased more than 40% between 2012 and 2021.
While a slip and fall may not seem severe, fall accidents can cause serious injuries or even death. If you’ve been injured after falling due to hazardous conditions, the property owner should be held responsible. At Lipton Law, our Michigan personal injury attorneys fight aggressively for the compensation you deserve.
What to Do After a Slip and Fall Accident in Michigan
Many slip and fall cases are extremely difficult to prove, especially if the hazardous condition is snow or ice. If possible, take pictures of the accident scene and the hazardous condition and fill out an accident report. The property owner will likely try to fix the hazardous condition, which often leaves victims with a lot of pain and no proof.
Get checked out by a doctor, especially if there was any contact between your head and a hard surface. Take note of any changes or symptoms you experience, as some injuries may not be immediately noticeable. Brain injuries can take days or even weeks to develop after an accident. Consider these 11 symptoms to look for after a fall. Most importantly, contact a slip and fall injury attorney as soon as possible if you have been injured by a property owner’s negligence.
Common Causes of Slip and Fall Accidents
Several hazardous conditions can result in a person falling. At Lipton Law, we can help you recover compensation for a variety of slip and fall injuries, including those caused by:
- Broken or unrepaired stairs
- Wet, slippery floors
- Unstable or broken railings
- Loose rugs
- Icy storefront sidewalks
- Uneven floors
- Dangerous workplaces and construction sites
Under Michigan’s premises liability law, property owners have a legal duty to warn visitors about hazardous conditions. This can be seen in the form of a wet floor sign or a ‘watch your step’ sign.
Common Locations for Slip and Fall Accidents
When most people think of a slip-and-fall accident, they often think of icy sidewalks or wet floors. In reality, slip and fall accidents can happen anywhere. If you’ve been injured on someone else’s property, you have legal options available. You need an experienced attorney to handle your slip-and-fall lawsuit.
At Lipton Law, our skilled Michigan personal injury lawyers can guide you through this complicated legal process. We’ve handled slip and fall accidents that happen in numerous locations, including:
- Big box stores
- Nursing homes
- Hospitals
- Local business
- Private property
- Public property
If your accident occurred at a construction site, contact a construction accident attorney in Michigan as soon as possible. If someone else’s negligence caused your injury, contact the Michigan personal injury lawyers at Lipton Law today.
What Are the Most Common Slip and Fall Injuries?
Broken bones, bruises, lacerations, and even death can result from a slip and fall incident. Falls happen to everyone, but sometimes these accidents can end in severe injuries. A slip and fall injury can have a major impact on the rest of your life. A traumatic brain injury can cause memory issues, balance problems, and even paralysis.
Spinal cord injuries often result in a lengthy and expensive recovery. Catastrophic injuries like these have a life-long impact on accident victims. Lipton Law’s Detroit catastrophic injury attorneys help clients recover compensation for a wide range of serious slip and fall injuries.
Slip and Fall Wrongful Death Cases
When fall accidents occur, some slip and fall victims suffer fatal injuries. When this happens, their loved ones may be able to file a wrongful death claim to recover damages. If you have lost a loved one due to a property owner’s negligence, contact a Michigan wrongful death attorney with Lipton Law. You deserve to know the truth and your lost loved one deserves justice. We can help you gather evidence and craft a strong case for settlement negotiations or litigation.
Types of Michigan Slip and Fall Accidents
Slip and fall accidents can happen just about anywhere. However, certain locations and situations see these accidents more often than others. Some of the most common locations where slip and falls occur are schools, workplaces, parking lots, apartments, grocery stores, and icy areas.
If you or someone you love suffered serious injuries from a slip and fall accident, please call a Michigan slip and fall lawyer with Lipton Law.
Slip and Fall at School
A slip and fall accident can occur in classrooms, hallways, cafeterias, and playgrounds on school campuses. Common causes include wet floors from spills, freshly mopped surfaces without adequate warning signs, or tripping hazards like uneven flooring or poorly maintained carpets. The key factor in these cases often hinges on whether the school knew or should have known about the hazard and failed to address it in a timely manner.
Slip and Fall at Work
Workplace slip and fall injuries are generally handled under workers’ compensation laws, which provide for medical expenses and lost wages but do not allow for pain and suffering damages. These accidents might result from hazards like oily or wet floors, unexpected obstacles in walkways, or poor lighting. The employer’s adherence to safety standards and protocols often plays a critical role in the resolution of these claims. In some cases, if the accident was caused by a third party’s negligence, the injured employee might have a separate claim against that third party.
Slip and Fall in a Parking Lot
A parking lot slip and fall claim is typically against the property owner or management company responsible for maintaining the parking area. Factors such as inadequate lighting, potholes, ice, snow, and unmarked curbs can contribute to falls. Liability depends on whether the owner reasonably maintained the area to prevent accidents. Documentation of the conditions at the time of the accident and any records of previous incidents can be crucial.
Apartment Slip and Fall
Tenants and visitors can experience slip and fall accidents due to conditions like icy walkways, wet stairs, or torn carpeting in common areas. Landlords and management companies have a duty to maintain safe conditions in common areas and could be held liable if their negligence leads to an injury. Lease agreements and building codes may influence these claims, so it’s important to work with a Michigan slip and fall attorney for your case.
Grocery Store Slip and Fall
Grocery stores are common sites for slip and fall accident claims due to spilled liquids, fallen produce, or recently mopped floors without proper signage. Store owners have a high degree of responsibility to ensure that aisles are clear and floors are safe. The crux of such claims often revolves around proving that the store knew or should have known about the danger and failed to rectify it in a reasonable time frame, or failed to warn customers of potential risks.
Slip and Fall on Ice
In Michigan, patches of ice and snow often leave slip and fall accident victims with painful injuries. This type of claim is highly dependent on weather conditions and the timing of the incident relative to when the ice formed. Property owners have a duty to reasonably remove ice and snow within a reasonable time frame after it becomes dangerous.
Factors such as the time elapsed since the end of a snowfall, the effectiveness of the efforts to clear snow and ice, and whether the slip occurred on private or public property can all affect liability. Additionally, local laws often dictate specific requirements and time frames for snow and ice removal.
Do I Need a Michigan Slip and Fall Lawyer?
If you have never been involved in a personal injury lawsuit, you may be unsure about when to hire a personal injury lawyer. An injured person should always seek the help of a qualified law firm when pursuing a slip and fall lawsuit. Working with a competent law firm can mean that you can rest and heal while we do all the work for you.
The attorneys at Lipton Law can gather all the necessary information, like witness testimony, accident reports, and medical records, while you recover. Proving a slip-and-fall case isn’t easy, but you can trust the skilled attorneys at Lipton Law to handle it.
Proving Negligence for Slip and Fall Accidents
You and your legal team must prove five factors for a successful slip and fall claim:
- You had a legal right to be on the property.
- A hazardous or dangerous condition existed on the property.
- The property owner was aware of the condition, yet they did not take action to change or repair it.
- The owner had a reasonable amount of time to become aware of the condition and then fix it.
- You sustained an injury that resulted in financial damages.
It can be tough to prove a slip-and-fall accident, especially if the dangerous condition was temporary, such as a wet or icy floor. In these types of situations, it is notoriously difficult to prove negligence without the assistance of a skilled attorney.
Determining Fault in a Slip and Fall Accident Claim
Depending on the details of the claim, many people can be at fault for a premises liability accident. Property managers can sometimes be responsible for the accident, but individual employees can also hold responsibility. Working with a slip and fall lawyer from Lipton Law can guarantee that an investigation will be started to find the responsible party in your claim.
Michigan Statute of Limitations for Slip and Fall Claims
The Michigan statute of limitations for personal injury claims is three years. This means you have three years from the date of the injury to pursue compensation for your injuries. The best practice is to contact a slip and fall accident lawyer as soon as possible to protect your rights.
In three years, evidence can degrade, the property can be sold, and eyewitnesses can forget the details. If the fall occurred on government property, you only have a short four months to move forward with a claim.
Comparative Negligence Defense
Michigan law uses a comparative negligence doctrine in personal injury cases. Comparative negligence is something only a jury can determine. Comparative negligence is a defense against liability. This means that a negligent property owner may claim that you are partially responsible for your own injuries.
They may try to claim that you weren’t paying attention or were impaired in some way at the time of the accident. If a jury finds you 51% liable for your own injuries, the court will bar you from seeking non-economic damages. You might still recover economic damages, but the court will reduce the amount the other party must pay in proportion to your liability for the accident.
However, as long as the jury finds you less than 50% responsible, the negligent property owner has to pay for at least part of the final verdict award for both economic and non-economic damages. If you are found 20% responsible for your own injuries, the defendant is only responsible for 80% of the final verdict award.
Compensation in a Slip and Fall Case
An injury stemming from a slip and fall accident can cost more than just medical bills. We know that even a seemingly minor injury can leave you out of work, which can risk your job and your family’s financial security. At Lipton Law, we pursue maximum compensation for:
- Medical expenses
- Lost wages
- Pain and sufferings
- Disability
- Loss of enjoyment in life
- Loss of consortium
- Mental anguish
- Wrongful death
To help our clients better understand damage recovery, Lipton Law’s team provides a full list of things you can sue for in a personal injury case.
Slip and Fall Settlements in Michigan
Unlike in medical malpractice cases, Michigan has no cap on the amount of recoverable damages in a slip and fall case. Therefore, you are technically not limited in the amount that you can recover as a victim.
However, remember that the value of your case is determined by the actual damages you suffered as a result of the fall. You and your attorney must be able to show the extent of your injuries and the extent to which liability can be clearly proven. These two elements will have the most significant impact on the value of your slip and fall case. More extensive injuries or costly medical treatments typically require higher compensation. For example, slip and fall settlements with surgery generally yield higher recovery amounts than slip and fall settlements without surgery.
Slip and Fall FAQs
What is an Open and Obvious Hazard?
The open and obvious doctrine protects property owners from liability when the dangerous condition can be avoided by average members of the public. Open and obvious hazards include obvious potholes, snow, and icy pathways.
Can I Sue the City or County for My Slip and Fall Accident?
While some government entities have immunity from litigation and liability, a slip and fall injury lawsuit can still be pursued if you can prove negligence. The attorneys at Lipton Law can pursue a premises liability claim against even the biggest negligent party.
Government liability claims have an extremely short statute of limitations–only 120 days. If you have been injured on public property maintained by the Michigan city or state government, contact a slip and fall injury lawyer immediately.
How Should I Report My Slip and Fall Accident?
Report your injury to the business owner or property manager as soon as possible. An incident report includes the details of the case and is a very important piece of evidence in a slip and fall case.
Request a copy or take a picture of the report after you complete it. If the property owner refuses to let you file a report for whatever reason, contact an experienced personal injury law firm like Lipton Law immediately.
Should I Talk to an Insurance Agent?
If an insurance agent or adjustor calls you after the slip and fall accident, be cautious and don’t answer any questions. Insurance agents will often try to get you to say something that they can use against you.
Let the insurance company know you are speaking to an attorney, and let us handle the communication. If they try to offer the option to settle, don’t take it. Insurance companies are for-profit businesses. They often try to do everything to avoid a lawsuit, including offering a lowball settlement.
Can Trespassers Seek Compensation for Slip and Fall Accidents?
Generally, no. Trespassers are those who are on a property unlawfully and without permission. A defendant in a slip and fall case may try to argue that the person injured on their property was a trespasser. This is because, typically, property owners do not owe a legal duty to trespassers, as they could not have foreseen their presence on the property. However, for this defense to work, they must prove that the injured person was actually a trespasser.
Contact Lipton Law for Your Michigan Slip and Fall Lawsuit
A fall injury can cause undue pain and suffering in even the most ‘mild’ cases. A premises liability lawsuit can help you regain financial footing and provide the resources you need to heal. As you heal, the last thing you need to worry about is trying to gather evidence and fight with insurance companies. Let the experienced slip and fall accident lawyers at Lipton Law help. We can fight aggressively for a fair settlement while you focus on healing.
Our slip and fall lawyers are qualified to help you resolve slip and fall lawsuits as well as other premises liability claims you may have. Schedule your free case evaluation with the seasoned slip and fall accident attorneys at Lipton Law. To get started, contact us online or call our office in Southfield, Michigan, at (248) 557-1688.
Types of Premises Liability
Practice Areas
