A slip and fall accident is an injury from a fall that happens on another’s property and the injury must be caused by the negligence or neglect of the property owner. Slip and fall accidents are much more common than people think, and injured people deserve the right to recover damages resulting from negligence. A slip and fall may not seem like a serious injury, but they account for over 15,000 deaths a year and over a million injuries a year which shows that this is a serious problem and injured people need help to pay for related medical expenses and other costs.
Property owners in Michigan have the responsibility to provide a safe environment whether it is an individual residence or a business which is a place of work. If the owner did not provide this safe environment and an injury happens, they will be liable for resulting medical care of the injured, wage loss of the injury victim, and any suffering that the injured were forced to endure. Unfortunately, proving negligence by behalf of a property owner can be very complex and an experienced slip and fall lawyer should be consulted to determine your best course of action. The Clark Law Office has will help prove that the property owner knew about the dangerous condition which caused your injury, that the owner could have given warning about the problem, and that they failed to warn or failed to correct the problem.
Another obstacle is recovering damages related to your slip and fall accident is the open and obvious rule. This rule is in place to protect liability owners from liability and restrict your ability to pursue justice. Under this doctrine, a property owner will not be held responsible if the area of the injury is deemed open and obvious. Distinguishing between an open and obvious danger and one that is non-obvious becomes tedious. The test used when determining whether a danger is open and obvious is quite simple. If an “average user with ordinary intelligence would have been able to discover the danger and the risk presented upon casual inspection,” it is considered open and obvious therefore eliminating liability of the property owner. The courts in Michigan “look not to whether the plaintiff should have known that the condition was hazardous, but to whether a reasonable person in his position would foresee the danger.” Because this issue is so highly contested, it’s best to speak with an attorney who regularly deals with premises liability cases.
If you have been injured on a slip and fall because of someone else’s negligence, you may be entitled to medical costs, lost wages, and pain/suffering compensation. Call us today for a free consultation at (517) 347-6900 regarding your slip and fall injury, we charge no fees unless you win your case.