The road conditions in Michigan during winter increase the risk of slip and fall accidents. Daily activities like walking to work or going to the supermarket can leave you with severe injuries. Dealing with torn ligaments, head trauma, or broken bones can also hurt you financially, emotionally, and mentally. If your injury was caused by the property owner’s negligence, you can sue to get compensation with the help of a Lansing slip and fall attorney.
Common Reasons for Ice Slip and Fall In Lansing, MI
The Department of Community Health reported that falls contribute to the majority of fatal injuries in Michigan. Unfortunately, there is an increasing trend observed in the number of fatal falls from 2011 to 2021. The risk of ice slip and fall increases because of the following:
- Inadequate maintenance of roads and sidewalks: Moisture on the ground freezes when temperatures drop, creating dangerous conditions. Even a thin layer of ice is extremely slippery. You can lose your balance and slip on the pavement.
- Poor visibility: There is limited daylight during the winter season. This makes it more difficult to detect spot icy patches.
- Age and health conditions: The elderly and some individuals have balance issues, which make them susceptible to falls.
- Improper snow removal: It’s important to use proper techniques when plowing or shoveling snow. Doing this haphazardly creates uneven surfaces. Ice can form in these areas which increases the risk of ice slips and falls.
Types of Injuries From Slips and Falls in Lansing
The most common types of injuries from slips and falls in Lansing are:
- Sprains and bruises: Falling on ice and snow causes painful tears in the ligaments. Damaged blood vessels beneath the skin produce bruises. These cause discomfort and take weeks to heal.
- Dislocations and fractures: The impact of slips and falls leads to broken bones or dislocations that usually need medical attention.
- Head injuries: Concussions or severe traumatic brain injuries can make you suffer from long-term cognitive and motor coordination impairments.
- Back injuries: Impact on the neck and spinal cord can cause strains or herniated discs. It can lead to a temporary or permanent disability, depending on the severity.
Who Should Be Liable for Your Lansing Ice Slip and Fall?
Michigan property owners are responsible for removing ice and snow from sidewalks near their properties. Not doing so may result in liability if you suffer from injuries because of uncleared ice or snow.
The factors that determine whether an owner failed to protect you against the dangers of ice and snow are:
- What measures did the owner take to keep you safe?
- Were these measures acceptable?
- What time did snowing start? How much time has passed before the owner took measures to reduce the hazards of ice and snow? Was the amount of time reasonable?
- Did it already stop snowing when you suffered from slip and fall?
How to Prove Liability in a Slip and Fall
Proving liability is important to pursue a slip and fall claim successfully. You must establish several key elements:
- Duty of care: The property owner should have a legal duty to keep the premises safe for visitors or occupants.
- Breach of duty: There must be proof that the property owner breached their legal duty. This means that they didn’t address or warn about the property’s hazardous condition.
- Causation: There must be proof that such breach of duty directly caused your accident.
- Damages: The damages or injuries suffered must be because of the accident.
To have a solid case, you must provide evidence. This may include:
- Pictures captured at the scene of the accident
- Witness statements
- Medical records that show the details of your injuries
- Accident reports
- Expert statements on safety standards
Collecting evidence can be difficult, especially those that involve injuries. Seek the help of a personal injury lawyer to gather information and build a strong case.
Statute of Limitations for Michigan Slip and Fall Claims
You have three (3) years from the date of injury to sue for slip and fall claims in Michigan. The rules may change for some special circumstances, such as:
- You didn’t know you’d been hurt right away
- You got injured on government property
- The defendant caused your injuries on purpose
- You’re legally disabled during the time of the accident
- The defendant left Michigan to run away from the lawsuit
Make sure to keep track of the deadline or risk losing the right to recover damages for your injuries.
Types of Compensation Available to Injured Persons in Lansing
The amount of compensation you get aims to cover several damages. This includes:
- Injuries
- Current and future medical expenses
- Lost wages
- Future lost wages if the injuries prevent you from working
- Pain and suffering, which both physical and emotional
- Property damage, which includes personal property damaged during the fall, such as a watch or phone
Safety Tips During the Snowy Season
Follow these safety tips to prevent injuries due to snowy and icy conditions:
- Use boots or any slip-resistant footwear. Walk carefully.
- Take your time when getting in and out of your car. Use the car for support if necessary.
- Avoid carrying items or placing your hands in your pockets when walking. These prevent you from catching yourself if you lose your balance. Use a backpack if you have one.
- Look out for black ice.
- Stay away from uneven surfaces if possible. This includes curbs or steps that have ice on them.
- Report any dangerous surfaces to the maintenance and facilities team of the property for immediate action.
How Can a Slip and Fall Lawyer in Lansing, MI Can Help
Snow and ice slip-falls can happen to anyone. If you suffered an injury on another property, you could file for compensation. Unfortunately, proving liability for these cases is quite tricky. An experienced personal injury lawyer will help investigate, collect evidence, and build a strong case. They will help you go through the legal process and get the best possible compensation for you.
The Clark Law Office is committed to protecting your rights and getting the compensation you deserve. You can leave the legal battle to us so that you can focus on your recovery. Not sure if you’re eligible for compensation? See if you have a case by speaking with an experienced attorney today.
Frequently Asked Questions About Snow and Ice Slip and Falls in Lansing
Who is responsible for clearing snow and ice in Lansing?
In Lansing, property owners—including homeowners, landlords, and business owners—are responsible for keeping sidewalks and walkways safe by removing snow and ice within a reasonable time. The City of Lansing also maintains public roads and some sidewalks, but liability depends on where the fall occurs.
Can I sue the City of Lansing for a slip and fall on public property?
Possibly, but suing the city is more complex due to governmental immunity laws. There are strict notice requirements and deadlines for filing a claim. If your fall happened on a city-maintained sidewalk or parking lot due to negligence, an attorney can evaluate your case.
How long do I have to file a slip and fall claim in Lansing?
Michigan’s statute of limitations for slip and fall cases is three years from the date of the accident. However, if you are filing against the City of Lansing, you may have a much shorter deadline.
What if the property owner claims they weren’t aware of the ice?
Michigan follows the “natural accumulation” rule, meaning property owners aren’t automatically liable unless they were negligent in maintaining safe conditions. However, if they failed to salt or shovel in a reasonable time, you may still have a case.
Can I still sue if I was wearing improper footwear?
Yes, but the defense may argue comparative negligence, meaning your compensation could be reduced if you were partially at fault. Having an attorney can help counter these arguments.
