A slip and fall accident can happen in an instant and leave you with serious injuries, medical bills, lost wages, and lasting pain. In Michigan, property owners, businesses, and landlords have a legal duty to keep their premises reasonably safe for visitors. When they fail to do so, you may have the right to pursue compensation.
At Khamo Law, we represent people injured in slip and fall and premises liability accidents throughout Metro Detroit. Free consultation. You pay no attorney fees unless we recover compensation for you. We provide services in English, Arabic, and Chaldean.
Call us today at (248) 466-0606 for a free case evaluation.
Important: Michigan Slip and Fall Law Changed in 2023
In July 2023, the Michigan Supreme Court issued a major decision in Kandil-Elsayed v. F & E Oil, Inc. (and the companion case Pinsky v. Kroger Co. of Michigan). This ruling significantly changed premises liability law in Michigan.
For years, the “open and obvious” doctrine allowed property owners to get many slip and fall cases dismissed early if the hazard was considered obvious. That rule has been overruled.
Today:
- Property owners still owe a duty of reasonable care to invitees
- Whether a hazard was open and obvious is now mainly a question of comparative fault and breach of duty
- Many more cases can reach a jury instead of being thrown out on summary disposition
This change has made it easier for injured people to hold negligent property owners accountable. If you were told in the past that you did not have a case because the hazard was “obvious,” it may be worth having your situation reviewed under the current law.
Common Causes of Slip and Fall Accidents in Michigan
Slip and fall injuries often result from conditions that property owners failed to fix or warn about, including:
- Wet or slippery floors (spills, recently mopped areas, tracked-in water)
- Ice and snow that was not properly cleared or treated
- Uneven sidewalks, flooring, pavement, or parking lots
- Poor lighting in stairwells, hallways, entrances, or parking areas
- Loose rugs, mats, or carpeting
- Broken stairs, missing or defective handrails
- Cluttered walkways or debris left in walking paths
- Spills left on floors for an unreasonable amount of time
- Defective or dangerous conditions in stores, restaurants, apartment complexes, and commercial buildings
These accidents commonly occur in grocery stores, big-box retailers, restaurants, shopping centers, apartment buildings, office buildings, hotels, and parking lots.
Injuries Commonly Caused by Slip and Falls
Even a short fall can cause serious harm. Common injuries include:
- Fractures (wrist, arm, ankle, hip, and other bones)
- Head injuries and concussions
- Traumatic brain injuries
- Back and spinal injuries
- Soft tissue injuries, sprains, and torn ligaments
- Shoulder injuries (including rotator cuff tears)
- Hip injuries (especially dangerous for older adults)
- Wrongful death in the most serious cases
How Premises Liability Claims Work in Michigan
To succeed in a Michigan slip and fall case, you generally need to show:
- A dangerous condition existed on the property
- The property owner, manager, or responsible party knew about the condition or should have known about it (actual or constructive notice)
- They failed to repair the condition or provide adequate warning
- The dangerous condition caused your injuries
- You suffered damages (medical bills, lost wages, pain and suffering, etc.)
Your status on the property (invitee, licensee, or trespasser) still matters and affects the duty owed to you. Most customers in stores and businesses are considered invitees and are owed the highest duty of care.
What To Do After a Slip and Fall Accident
- Report the incident immediately to the property owner, manager, or store and request a written incident report.
- Take clear photos and video of the exact location and the hazard (wet floor, ice, uneven surface, lighting, etc.).
- Get the names and contact information of any witnesses.
- Seek medical attention right away — even if you feel you can walk away.
- Keep the shoes and clothing you were wearing at the time of the fall.
- Avoid giving recorded statements to insurance companies before speaking with a lawyer.
- Preserve any evidence and keep detailed records of medical treatment, expenses, and time missed from work.
Acting quickly is important. Evidence such as surveillance video and maintenance records can disappear if not requested promptly.
Special Rules for Ice, Snow, and Government Property
Ice and Snow Cases Michigan winters create many slip and fall claims. Property owners still have duties regarding ice and snow in many situations, especially when they create the hazard or fail to address unnatural accumulations. These cases require careful legal analysis.
Government Property Claims involving city, county, or state property have much shorter notice deadlines. In many cases you must provide written notice within 60 to 120 days (depending on the type of government entity and property). Missing these deadlines can permanently bar your claim. Contact a lawyer as soon as possible if your fall occurred on public property.
Why Choose Khamo Law for a Slip and Fall Case
- Experience handling Michigan premises liability claims under the current law
- Understanding of the 2023 Kandil-Elsayed changes and how they affect cases
- Thorough investigation of dangerous conditions, notice, and responsible parties
- Free consultation and contingency fee representation
- Services available in English, Arabic, and Chaldean
- Direct communication and personal attention
- Local knowledge of Troy, Sterling Heights, Detroit, Warren, and Metro Detroit
Frequently Asked Questions
Can I still have a case if the hazard was “open and obvious”? Yes. Under current Michigan law (after the 2023 Supreme Court decision), the open and obvious nature of a hazard no longer automatically ends the property owner’s duty. It is now mainly considered under comparative fault and whether the owner breached their duty.
What if there was a “Wet Floor” sign? A warning sign does not automatically protect the property owner. The sign must be adequate, properly placed, and the owner may still be responsible depending on the circumstances and how long the hazard existed.
How long do I have to file a slip and fall lawsuit in Michigan? In most cases, you have three years from the date of the injury. However, claims against government entities often require written notice within 60–120 days. Acting quickly is critical.
What if I was partially at fault for the fall? Michigan follows a modified comparative fault system. You can still recover compensation as long as you are not more at fault than the property owner or other responsible party. Your percentage of fault can reduce the amount you recover.
How much does it cost to hire a slip and fall lawyer? We work on a contingency fee basis. You pay no attorney fees unless we recover compensation for you.
Get Help from a Michigan Slip and Fall Lawyer Today
A fall caused by a dangerous property condition can leave you dealing with pain, medical bills, and uncertainty about the future. At Khamo Law, we help injured people throughout Troy, Sterling Heights, Detroit, Warren, and Metro Detroit hold negligent property owners accountable under current Michigan law.
Call us today at (248) 466-0606 or contact us online to schedule your free consultation.