Slip and fall accidents are surprisingly more common than you might think. According to the National Floor Safety Institute, slips and falls account for over 1 million hospital emergency room visits annually. In Michigan alone, thousands of residents experience these accidents each year, often leading to serious injuries.

These accidents can cause not only physical pain but also significant financial burdens due to medical expenses, lost wages, and rehabilitation costs. If you want to seek the compensation you deserve, it’s essential to understand premises liability – the legal concept that holds property owners accountable for ensuring their premises are safe for visitors.

Recently, Michigan made important changes to its premises liability laws. The Michigan Supreme Court has overruled the “open and obvious” doctrine, meaning that property owners can be held liable even if the hazard that caused the slip and fall accident was seemingly apparent. This shift has opened new avenues for victims to pursue justice.

Let our experienced slip and fall attorney explain the key aspects of Michigan premises liability laws so you can make informed decisions about your next steps.

What Is Premises Liability and How Does it Apply to Slip and Fall Accidents?

Premises liability is a legal term that means property owners have a responsibility to keep their property safe for people who visit it. Their responsibility, also known as “duty of care,” varies based on the type of visitor. 

• • Invitees

These people are invited onto the property for business purposes, such as customers at a store or guests at a hotel. Property owners owe the highest duty of care to invitees, mainly to warn them of any dangers, regularly inspect the premises for hazards, and fix any unsafe conditions.

• • Licensees

These visitors enter the property for social reasons or with permission but not for business purposes, such as guests at a party or delivery drivers. Property owners must still warn licensees of known dangers but don’t need to inspect for hidden hazards as rigorously as for invitees.

• • Trespassers

These are people who are on the property without permission. Property owners generally owe the lowest duty of care to trespassers, typically only having to refrain from intentionally harming them.

In slip and fall accidents, premises liability law determines whether the property owner is responsible for your injuries. If you were injured due to a hazardous condition on someone else’s property, and the owner failed to uphold their duty of care, you might have a valid slip and fall claim.

Who Can Be Held Liable for a Slip and Fall in Michigan?

In Michigan, several parties can be held liable for your slip and fall injury, depending on the specific circumstances of your accident.

• • Property Owners – if a property owner fails to fix a dangerous condition or doesn’t provide adequate warning
  • Business Owners – if your slip and fall happened in a store, restaurant, office building, or other commercial property
  • Landlords – if you’re a tenant and you slip and fall in a common area of your apartment building or rental property, including a hallway, stairwell, or parking lot
  • Government Entities – if your accident occurred on public property, such as a sidewalk, park, or government building
  • Other Potentially Liable Parties – other parties, which can include contractors, cleaning companies, or maintenance crews, who have created or failed to address hazardous conditions

If you’re unsure about who might be responsible for your damages, consulting with a local slip and fall attorney can help clarify your case and guide you through the legal process.

Proving Negligence in a Slip and Fall Case

To hold a property owner liable for your slip and fall injury in Michigan, you need to prove negligence, which involves demonstrating four key elements.

• • Duty of Care – the property owner had a legal obligation to maintain a safe environment for visitors
  • Breach of Duty – the property owner failed to meet the duty of care
  • Causation – the property owner’s breach of duty directly caused your slip and fall accident
  • Damages – you suffered actual harm as a result of the slip and fall

Here are some of the evidence that can help support your slip and fall claim:

• • Photos or videos of the accident scene showing the hazardous condition that caused your slip and fall
  • Witness statements from people who saw the accident or who can attest to the dangerous condition of the property
  • Medical records documenting your injuries and the treatment you received
  • Incident reports filed with the property owner or manager

Proving negligence in a slip and fall case can be challenging, especially if you’re dealing with the aftermath of a serious injury. A skilled slip and fall attorney can help investigate your accident, gather and preserve evidence, build a strong case, and represent your interests in court if necessary.

What to Do After a Slip and Fall Accident in Michigan

If you’ve been injured in a slip and fall accident in Michigan, taking the right steps can make all the difference in your recovery and your ability to seek compensation. Here’s a simple guide to follow:

• • Seek Medical Attention

Even if your injuries seem minor, it’s essential to see a doctor right away. Some injuries might not be immediately apparent, and a medical professional can diagnose any underlying issues and provide the necessary treatment.

• • Report the Accident

Notify the property owner or manager about your slip and fall accident as soon as possible. Ensure an incident report is filed, documenting the details of the accident and any contributing factors, and get a copy for your records.

• • Gather Evidence

Take photos of the accident scene, focusing on the hazardous condition that caused your fall, such as a wet floor, uneven surface, or poor lighting. Get the contact information of any witnesses who saw what happened, as their statements can support your claim.

• • Consult with an Attorney

Contact a competent slip and fall attorney in Michigan to discuss your case. These legal experts can help you understand your rights, protect your interests, and maximize your chances of receiving fair compensation for your medical bills, lost wages, and pain and suffering.

Remember, time is of the essence in slip and fall cases. Evidence can disappear, memories of witnesses can fade, and there are strict deadlines for filing a premises liability claim. In Michigan, you generally have only three years from the date of your slip and fall injury to pursue legal action. Failing to meet the deadline can forfeit your right to pursue compensation. 

So, don’t delay seeking legal help. Contact Shafer Swartz PLC today at (231) 722-2444 or here to schedule a consultation. We’ll fight for your rights and ensure you receive the compensation you’re entitled to.