Slip and fall accidents account for over 1 million emergency visits every year. A loose hand railing, a floor that is wet, an uneven walkway, or failure to salt snow and ice can result in serious injuries that should have been completely avoidable. Slip, trip, and falls are responsible for over 15% of accident deaths, which is 2nd behind only auto accidents.
If you have been seriously hurt in a Michigan slip and fall accident, you should contact an experienced attorney to help you with your case. If the fall was the result of a dangerous or defective condition, the person who was injured can sue for damages that resulted from the fall. A slip and fall is also known as premises liability. The insurance company for the property owner will usually outright deny your claim or offer you a low-ball settlement that doesn’t even come close to fair.
Hiring a skilled slip and fall attorney can be the difference between winning your case and getting a great settlement or getting nothing. Our top rated law firm has won millions of dollars for our clients and we can do the same for you.
Choose The Clark Law Office For Your Slip and Fall Case
The Clark Law Office has been serving Michigan residents for over 40 years. We specialize in slip and fall accidents, and we can help you get the maximum settlement for your injuries. Here are some reasons to hire us for your slip and fall case.
Local trial attorneys who specialize in slip and fall accident cases
Unlike larger firms, your case will be a priority to us
When you decide to hire us, the lawyer you spoke to will be the one working your case
We don’t refer our cases out or have a lesser experienced attorney handle your case
We have the resources and experience to fight large insurance companies
We charge no fees unless you win your case. We pay for all case expenses including expert witnesses. You will never be asked to pay a dime. Our fee gets paid when you receive your settlement check.
What To Do After a Slip and Fall Injury
The moments immediately following a slip and fall accident injury is extremely important when gathering evidence. In a slip and fall case, the property owner will often try to clean up or cover up the fact they had a dangerous condition on their premises. This is especially true when there is a wet floor in a business and restaurants or when snow/ice is cleaned up after an injury.
This is why it’s so important to gather as much evidence and information as possible. This might not be possible if you are severely injured, but a call to your lawyer will suffice. If possible, you should try to do the following after your accident.
Take as many photographs as you possibly can before the property owner has a chance to repair or clean up. This includes both the location of the accident, the surrounding areas, and also of your injuries. Photos and video of the scene are the best way to prove that dangerous condition existed and is what caused your fall. If you are unable to do so, let a family friend or eyewitness do it for you.
Get all the names and phone numbers of eyewitnesses. A witness statement can be worth it’s weight in gold and will be a crucial piece of evidence if your case goes to trial and will help you recover a larger settlement for your injuries.
Make sure to tell all the EMS workers and doctors who treated you what caused the fall. In many occasions, they will include this information in their report and will be strong evidence in your favor.
Do I Need a Slip and Fall Lawyer In Order To Sue For My Injuries?
Hiring a slip and fall attorney is the best way to ensure that you get a fair settlement after suffering injuries sustained from a slip or fall. While it is possible to be your own attorney, you will most likely be leaving money on the table that you could have used in your recovery.
An attorney can help you gather even more evidence that will help your case. We often hire private investigators in slip and fall cases because it’s so easy for the property owner to claim nothing was wrong and fix/clean the scene.
A private investigator will interview witnesses and find other evidence. We also demand to see the video surveillance of the incident. Almost every business nowadays has some sort of video surveillance in place. It’s important to demand this right away so that the owner doesn’t erase or destroy the evidence. Having video evidence is the absolute best way to prove the liability in your case.
Another thing that is extremely important is to NEVER sign a settlement paper or any sort of release without the document being reviewed by your attorney. You could accidentally sign away your future rights to recover compensation in a settlement or trial. Even though a quick payment sounds enticing, you should be extremely cautious if your insurance company tries to get you sign the document.
Insurance companies are a business and they wouldn’t be offering you money unless it was in their best interest to do do. Usually this means its a low-ball offer and you deserve much more.
The Basics of Slip and Fall Accidents
A slip and fall accident claim is when an individual is hurt during a slip or fall which is caused by a hazardous condition on another’s person property. The injured victim can seek financial compensation by filing a claim against the negligent property owner.
Every slip and fall accident case falls under the broader term of premises liability. Premises liability is where an individual is injured because of unsafe conditions on someone else’s property.
In order to have a successful slip and fall case, the injured person must prove these 4 basic elements.
Duty of Care – The property owner has a duty to maintain a safe environment also called a duty of care. In Michigan, all property owners have a duty to keep their property safe and free from dangerous conditions.
Breach of Duty – The property owner failed to fulfill this duty of care. In other words, it was a breach of duty. Any owner who fails to repair hazards or dangerous conditions which then causes someone to be injured can be accused of violating their duty to maintain a safe working environment.
Proximate Cause – The victim’s injuries were caused by the property owner’s negligence. The slip/fall and the resulting injuries sustained were caused by a dangerous condition which should have been fixed by the owner. Some examples of dangerous conditions include a faulty hand railing, broken steps, spilled liquid, etc.
Victim incurs damages as a result of the fall – The injured person sustains injuries that are serious enough for medical treatment and requires a substantial cost. You might have to get surgery, physical therapy, pain control, and other treatments. A minor injury such as light bruising, scrapes, etc. is not serious enough to bring a lawsuit over.
What Are The Most Common Places for Slips, Trips, and Falls?
An experienced Michigan slip and fall lawyer can help with an accident that occurs anywhere in the state. Some of the most common places for a slip and fall injury include:
Workplaces such as manufacturing plants, factories, and construction areas.
Hospitals, doctor offices, nursing homes, and other medical facilities.
Grocery Stores, hopping centers, shopping malls, and other retail stores
Homes of friends and family
VRBO, AirBNB, Flipkey, vacation rentals
Restaurants, bars, and cafeterias
Hotels and motels
Sporting events, concerts, stadiums, movie theaters
Health clubs, gyms, country clubs, and recreational centers
Schools, universities, auditoriums, and gyms
Airports, bus stations, bus stops, train stations
Frequent Types of Michigan Slip and Fall Accidents
Our dedicated slip and fall lawyers have won large settlements and verdicts from Michigan residents and we can help you too. The most frequent or common types of slip and fall injuries include:
Slip, trip, or falls on ice and snow. As you know, Michigan faces a large amount of inclimate weather and many property owners fail to provide safe conditions. This can include slipping on black ice at a business, house, hospital, motel, school, apartment buildings, parking lots, and sidewalks.
Defective steps or broken stairs inside of buildings or on exterior steps. Includes wooden steps that should have been repair, crumbling and unsafe cement steps, and downright broken stairs.
Stairways with no handrail or broken handrails. This can be inside or outside of a building or structure.
Slippery floors. Stores, bars, restaurants, hospitals, and other businesses commonly have spills that need to be cleaned. Failure to clean properly or alert customers of the danger is very common.
Sidewalks that are not maintained safely cause a large amount of slips, trips, and falls. The sidewalks might be partially broken, uneven, and raised/lowered on both public and private property.
Dangerous parking lots and potholes. Repairing parking lots is not cheap and many business owners neglect them. This results in broken pavement, cracked cement, unforeseen holes, and other dangerous hazards.
Swimming pools and surrounding areas that are unkempt. These areas are notorious for being slippery and causing falls.
Poor lit areas where it’s difficult to see where you are walking or stepping.
A slip and fall where there was no warning sign alerting you of any dangers and the dangerous conditions were not visible.
Slip, trip, fall injuries are a major health problem that is often overlooked. Outside of work and employment, the top three leading causes of injuries that account for 86% of preventable deaths are falls (20%), poisoning (45%), and motor vehicles (21%).
Here are some of the more alarming statistics with Michigan specific data.
About 46.51% out of 502 Michigan residents reported that ice is a major deterrent to their daily activities due to the increased risk of slips and falls. Of the 502 residents, 21.71% mentioned that snow was their major deterrent. Nationally, 1 in 4 falls is caused by snow and ice.
In 2021, a total of 24,048 Michigan residents were sent to the hospital due to a fall. In the same year, there were 198,794 emergency department visits caused by a fall-related injury.
1 in 4 older adults report falling every year which equates to over 14 million. It’s clear that this a problem that needs to be addressed. In the past, Michigan has been a place that is especially difficult to bring a slip and fall lawsuit. This is because of an adopted rule called open and obvious. Essentially, if you could have seen the dangerous condition, the property owner is not responsible for any resulting injuries.
Luckily, this rule has been abolished on July 28, 2023. This will open the door for individuals to file and win premises liability cases against Michigan property owners.
Most Common Injuries From a Slip and Fall Accident
A Slip and fall accident can result in serious injuries that require extensive medical treatment and can change the the way you live your life forever. This is especially true for the elderly population as it is much more difficult for them to protect themselves. Some of the most common injuries resulting from a slip and fall include:
Concussions, headaches, bleeding of the brain, traumatic brain injuries
Broken bones and fractures
Back and neck injuries including spinal cord damages, herniated discs, etc.
Knee injuries to the ACL, MCL, and meniscus
Shoulder injuries such as a rotator cuff tear that requires surgery, PT, etc.
Nerve damage which might be permanent
Wrongful death caused by the fall or resulting complications
Do Victims Have to Prove Negligence?
Yes, injured victims have to prove that the property owner was negligent to have a legitimate slip and fall accident lawsuit claim. Essentially this means that the owner of the property failed to use reasonable care and did not provide safe conditions on his/her premises.
Property owners have a duty of care and this can be breached by not cleaning up liquid spills, leaving items on the floor or walkway, or even inadequate lighting, not salting sidewalks, failing to shovel snow, etc.
One of the largest obstacles when trying to sue a property owner for your slip and fall accident is whether they knew of the dangerous conditions or should have known about the dangerous condition. Failing to remove or repair it in a timely fashion is what results in the breach of duty.
Unfortunately, proving that the owner knew or should have known can be extremely challenging. This is why its so important to hire an experienced slip and fall lawyer. An attorney that has handled a lot of slip and fall cases knows what to takes to prove a breach of duty and has the resources to gather more evidence such as hiring a private investigator.
How Will Victims Benefit From Recent Changes To The “Open Obvious” Law
Slip and fall accident victims in Michigan will now an easier time recovering compensation and damages for an injury. A recent Michigan Supreme Court ruling abolished the open and obvious law. Before this rule was abolished, bring a lawsuit against a negligent owner was nearly impossible.
Property owners were allowed to avoid liability if “an average person of ordinary intelligence would have been able to discover the danger and risk upon casual inspection.”
Instead of holding property owners responsible for dangerous conditions, lawsuits were focused on the injured persons ability to see and avoid a danger. Almost all of these types of cases were found to be in the favor of the property owner.
It’s almost criminal that this law has been in place for so long and letting property owners off the hook for not providing safe conditions.
Not that this law has been abolished, the courts will have to consider whether a landlord failed to proved safe conditions and breached the duty to maintain a safe premises.
Property owners will no longer receive a free pass and victims will be more likely to receive compensation for the damages incurred in a slip and fall accident.
What is the Statute of Limitations For Slip and Fall Accidents?
The Statute of Limitations for slip and fall cases in Michigan is three (3) years. The date the accident occurs in when the clock starts.
If you happen to miss this deadline, your case will likely be dismised and you lose the chance to collect compensation for your damages. However, there are a few exceptions which include:
The slip and fall victims is a minor – If a minor was hurt during a slip and fall, they have until their 19th birthday to file a lawsuit. A parent or legal guardian can choose to bring the lawsuit on their behalf.
The slip and fall victim has a mental health condition – The statute of limitations can be extented if they have a mental condition that prevents them for understanding their rights.
The property owner can’t be served – If the owner of the property avoids being served and is absent for over two (2) months, the statute of limitations can be extended.
The accident occurred on government property – On top of having governmental immunity in many instances, the statue of limitations is also usually shorter.
Can I Get Compensation If I’m Trespassing?
No, you cannot receive compensation for a slip and fall accident if you were trespassing when the incident occurred. This makes sense as the property owner only has a duty of care for individuals that are legally allowed to be on the premises.
Although rare, there are exceptions. If the victim was child, it is possible to seek compensation but it certainly is not guaranteed.
Am I Responsible If Someone Is Injured on My Property?
Generally, yes you could be held responsible if someone is injured on your property. A homeowner has the same legal duty of care that a business owner would have.
If you happen to rent, this issue becomes a bit more complicated. It’s important to look over your lease carefully, as they are all different. The lease may state that the tenant is responsible for snow and ice removal.
If it’s an apartment complex or something similar, the landlord is typically responsible for common areas and the tenant is usually responsible for the indoor conditions.
Slip and Falls on Both Ice and Snow
Slip and fall on snow ice can cause serious injuries and it happens every winter in Michigan. In the past, this type of case was extremely difficult to win, but with the abolishment of the open and obvious law it is now possible to get the compensation you deserve.
Many falls that happen due to snow or ice happen at apartment complexes or in business parking lots that were not plowed or salted after a winter storm. Property owners should salt before the storm and make sure that the snow has been plowed in a timely manner.
This is especially true with black ice. Black ice forms when there is no salt or not enough salt and is responsible for a lot of slip and falls. Not only is it extremely slippery and dangerous, but it can be impossible to see visually.
A skilled Michigan slip and fall lawyer can help you win even the most difficult liability cases. We typically hire various weather experts including meteorologists to build the strength of your case. It’s important to get a timeline of the when the storm started, when the storm stopped, and how much time went by before the accident took place. Experts can also show the effectiveness of salt at different temperatures and will help show whether the property owner was negligent or not. Hiring an expert and building the strength of your argument is usually the difference between winning and losing.
How Much is My Slip and Fall Case Worth?
There is no way of calculating a monetary value for a slip and fall lawsuit without looking deeper into the details. An experienced slip and fall accident lawyer has handled dozens of these cases and can usually give you a pretty good estimate of your case value after speaking with you about the fall injuries.
The value of your claim is based mainly on the severity of the injuries suffered, the medical treatment required for your injuries, and the amount of insurance the property owner has. In Michigan, there are two different types of compensation for a slip and fall lawsuit.
The first is called economic damages. This is relatively easy to calculate. Simply add up all of your medical bills, co-pays, and copies of all your insurance records. If you were unable to work because of the accident, you can also get reimbursed for your lost wages.
The second form of compensation in slip and fall lawsuits is called non-economic damages. This included your pain and suffering, loss of enjoyment, disability, emotional injuries, and scars/disfigurement.
If there happens to be a death as a result of the accident, we will file a wrongful death lawsuit for the surviving family members. The recoverable damages for a wrongful death lawsuit includes the loss of income, loss of support, funeral costs, and burial expenses.
If the injury is severe, the amount of insurance becomes a large limiting factor in some instances. For example, if your damages total $750,000 but the amount of insurance available is only $250,000 this could limit the amount of compensation you can collect for a slip and fall.
You can only collect up the policy limit that the insurance company has. You can also sue the property owner as an individual but it’s rare for the owner to have enough assets to make it worth pursuing.
Get The Best Slip and Fall Lawyer in Michigan
Choosing the right slip and fall accident lawyer for your case can be the difference between winning a great settlement that will help you and your family a great deal or nothing at all.
When you decide to hire our slip and fall lawyers, you will get the attorney that you spoke to on the phone as your attorney. We will not refer to a different law firm. We will not pass your case off to an attorney with very little experience.
We do not charge any legal fees unless you win your case. There is no upfront payment and we will pay for all the case expenses and costs. Call our legal team today for a free consultation at (517) 347-6900!
Our personal injury law firm has the results and resources to get the best possible settlement or verdict for your slip and fall case. Our slip and fall lawyers will listen to your side of the story and give you an honest opinion if you have a case and how to proceed forward.
The average slip-and-fall settlement in Michigan is typically
between $10,000 and $50,000. Contact an injury lawyer to discuss the
full scope of your case and potential compensation.
Yes, you can sue for slip and fall in Michigan if the injured person can prove that a defective or dangerous condition existed on the property or business location. This means that if the property owner or business owner was aware of the condition and failed to take action to fix it, they can be held liable for any injuries that occur as a result.
In Michigan, you have a three-year statute of limitations to file a
slip and fall lawsuit; if you fail to do so within that time frame, your
case will be barred forever. This means that if you have been injured
in a slip and fall accident, it is important to act quickly and file a
lawsuit within the three-year window. Otherwise, you may be unable to
seek compensation for your injuries.
Michigan Slip and Fall Lawyers specialize in assisting individuals with slip and fall accidents, trip and fall accidents, and other premises liability claims for severe injuries.
A slip and fall lawyer can help you by gathering evidence,
negotiating settlements, and representing you in court. They will
provide the legal assistance you need after an accident.
Slip and fall accidents account for over 1 million emergency visits every year. A loose hand railing, a floor that is wet, an uneven walkway, or failure to salt snow and ice can result in serious injuries that should have been completely avoidable. Slip, trip, and falls are responsible for over 15% of accident deaths, which is 2nd behind only auto accidents.
Hiring a slip and fall attorney is the best way to ensure that you get a fair settlement after suffering injuries sustained from a slip or fall. While it is possible to be your own attorney, you will most likely be leaving money on the table that you could have used in your recovery.
Yes, injured victims have to prove that the property owner was negligent to have a legitimate slip and fall accident lawsuit claim. Essentially this means that the owner of the property failed to use reasonable care and did not provide safe conditions on his/her premises.
The Statute of Limitations for slip and fall cases in Michigan is three (3) years. The date the accident occurs in when the clock starts.
There is no way of calculating a monetary value for a slip and fall lawsuit without looking deeper into the details. An experienced slip and fall accident lawyer has handled dozens of these cases and can usually give you a pretty good estimate of your case value after speaking with you about the fall injuries.