A serious fall can happen in seconds, but the injuries may affect you for months or years. If a dangerous property condition caused your injuries, a Michigan slip and fall lawyer can help you determine whether the property owner or another responsible party may be liable.
At Khamo Law, we represent people injured in slip-and-fall and other premises-liability accidents throughout Michigan. These cases can involve icy sidewalks, wet floors, broken stairs, poor lighting, damaged pavement, unsafe entrances, and many other hazards.
Our attorneys can investigate what caused the fall, preserve evidence, identify potentially responsible parties, and deal with insurance companies on your behalf.
If you were injured in a fall, call Khamo Law at (248) 466-0606 for a free consultation.
Why Choose Khamo Law After a Michigan Slip and Fall?
Slip-and-fall claims are not simply about proving that someone fell on another person’s property. The circumstances that created the dangerous condition can be critical.
Our attorneys can investigate how the hazard developed, who controlled the property, what the responsible parties knew about the condition, and what steps they took to address it.
Khamo Law represents injured people throughout Michigan and offers consultations at no cost. We also provide services in English, Arabic, and Chaldean.
If your injury resulted from another type of accident, learn more about how our Michigan personal injury attorneys help injured people pursue compensation.
What Is a Slip and Fall Claim in Michigan?
Slip-and-fall cases generally fall within an area of law known as premises liability.
Michigan law can impose duties on people or businesses that possess property. The exact duty and legal analysis depend on the circumstances, including why the injured person was on the property.
For example, Michigan courts recognize that a land possessor generally owes an invitee a duty to exercise reasonable care to protect against unreasonable risks of harm caused by dangerous conditions on the property.
You can learn more about these rules in our guide to premises liability laws in Michigan.
Slip and fall accidents can cause serious injuries. Khamo Law represents people injured by dangerous property conditions throughout Michigan.
Common Causes of Michigan Slip and Fall Accidents
Falls can occur because of many different property hazards. Common examples include:
- Ice and snow
- Wet or slippery floors
- Spilled liquids
- Uneven pavement
- Cracked sidewalks
- Potholes
- Broken stairs
- Missing or damaged handrails
- Loose carpeting or flooring
- Poor lighting
- Cluttered walkways
- Unsafe entrances
- Hidden changes in floor elevation
- Debris in walking areas
The existence of a dangerous condition does not automatically establish liability. Instead, the facts surrounding the accident must be investigated.
Michigan Snow and Ice Slip and Fall Accidents
Michigan winters create an especially important category of premises-liability cases.
Snow and ice can accumulate in parking lots, sidewalks, apartment complexes, store entrances, office buildings, and other walking areas.
Under Michigan’s current premises-liability framework, a land possessor owes an invitee reasonable care regarding hazards caused by natural accumulations of ice and snow. Michigan’s model civil jury instructions state that reasonable measures should be taken within a reasonable time after accumulation to diminish the hazard.
Because these cases can depend heavily on the specific circumstances, read our guide explaining who may be liable for a Michigan winter slip and fall accident.
Michigan’s Open and Obvious Danger Rule Has Changed
This is one of the most important issues in Michigan premises-liability law.
Older information online may suggest that an injured person automatically loses a premises-liability case when the dangerous condition was “open and obvious.” That is no longer an accurate description of Michigan law.
In Kandil-Elsayed v F & E Oil, Inc., the Michigan Supreme Court held that the open and obvious nature of a condition should not be treated as eliminating a land possessor’s duty. Instead, whether a hazard was open and obvious can be relevant when considering breach and comparative fault. The Court also held that a land possessor may need to anticipate harm from an obvious condition in appropriate circumstances.
Because this area of Michigan law has changed significantly, the circumstances of an individual accident should be evaluated carefully rather than assuming that an obvious hazard automatically prevents a claim.
Who May Be Liable for a Slip and Fall?
Determining the correct defendant can be more complicated than simply identifying who owns the building.
Depending on the circumstances, potentially responsible parties can include:
- Property owners
- Businesses
- Commercial tenants
- Landlords
- Property-management companies
- Maintenance companies
- Contractors
- Other parties responsible for the dangerous condition
The question of who possessed or controlled the property can therefore become important.
For a deeper discussion, see our resource on who is at fault in a Michigan premises liability accident.
Slip and Falls at Stores and Businesses
Businesses invite customers onto their property every day. Therefore, dangerous conditions in areas used by customers can create serious risks.
A fall might occur in a:
- Grocery store
- Restaurant
- Retail store
- Shopping center
- Gas station
- Hotel
- Office building
- Parking lot
- Entertainment venue
Evidence can disappear particularly quickly in commercial-property cases. Employees may clean a spill, surveillance systems may overwrite footage, and the condition of the property can change.
For that reason, early investigation can be extremely important.
Apartment and Rental Property Slip and Falls
Falls at apartment buildings and rental properties can involve additional legal issues.
Michigan law imposes certain statutory obligations on residential lessors. For example, MCL 554.139 addresses the fitness of leased premises and common areas and requires certain premises to be kept in reasonable repair, subject to the statute’s terms and exceptions.
Apartment-related accidents may occur on:
- Stairways
- Sidewalks
- Parking lots
- Hallways
- Common entrances
- Porches
- Walkways
Because landlord-tenant premises claims can involve both statutory and common-law issues, an attorney should evaluate the particular facts rather than assuming every rental-property fall follows the same rules.
What Evidence Can Help Prove a Slip and Fall Case?
Evidence is often one of the most important parts of a premises-liability claim.
Useful evidence may include photographs and videos of the hazard, surveillance footage, incident reports, witness statements, maintenance records, inspection logs, weather information, medical records, and communications concerning previous complaints.
When possible, photograph the dangerous condition soon after the accident.
The condition may be repaired, removed, cleaned, or altered shortly afterward. Once that happens, proving what existed at the time of the fall can become more difficult.
What Should You Do After a Slip and Fall?
Your health should come first. Seek appropriate medical attention for your injuries.
When circumstances allow, you should also consider:
- Reporting the accident to the property owner or manager
- Photographing the exact location
- Photographing the dangerous condition
- Getting contact information from witnesses
- Keeping the shoes and clothing you were wearing
- Saving receipts and accident-related documents
- Keeping copies of medical records
- Avoiding detailed statements to an insurer before understanding your rights
You can also review our guide on steps to take after a personal injury accident.
Common Injuries Caused by Falls
A fall can cause much more than temporary soreness.
Depending on how the person lands and the force involved, injuries may include:
- Broken bones
- Hip injuries
- Knee injuries
- Shoulder injuries
- Head injuries
- Traumatic brain injuries
- Neck injuries
- Back injuries
- Spinal injuries
- Cuts and bruises
- Soft-tissue injuries
Some injuries may require surgery, rehabilitation, physical therapy, or extended time away from work.
That is why the value of a claim should reflect the full impact of the injury, rather than only the first medical bill.
Compensation After a Michigan Slip and Fall
When another party is legally responsible for an injury, compensation may be available for losses resulting from the accident.
Depending on the facts, damages may include:
- Medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Disability
- Loss of enjoyment of life
- Other accident-related losses
The amount available depends on the circumstances of the accident and the severity and consequences of the injuries.
What If You Were Partially at Fault?
Michigan follows comparative-fault principles.
That means an injured person’s own conduct can affect the damages available in a negligence case. Michigan law generally reduces damages according to the injured person’s percentage of comparative fault, and additional consequences can apply when the injured person’s percentage of fault exceeds the aggregate fault of others.
This issue is particularly important after the Michigan Supreme Court’s decision in Kandil-Elsayed, because the obviousness of a dangerous condition may now factor into the analysis of breach and comparative fault rather than simply eliminating duty.
Therefore, you should not assume that being accused of failing to notice a hazard automatically ends your case.
How Long Do You Have to File a Michigan Slip and Fall Lawsuit?
Deadlines matter.
Michigan’s general limitations statute provides a three-year limitations period for many actions seeking damages for personal injury, although exceptions and different rules can apply depending on the facts and defendant.
Waiting can create another problem even before the legal deadline expires: evidence disappears.
Video can be overwritten. Witnesses can become difficult to locate. Property conditions can change. Records can become harder to obtain.
For those reasons, speaking with an attorney promptly can help preserve evidence and determine which deadlines apply to your specific claim.
Michigan Slip and Fall Lawyers Serving Communities Across the State
Khamo Law represents injured people throughout Michigan.
We also have location-specific slip-and-fall resources for people seeking information about claims in their communities:
Sterling Heights Slip and Fall Attorney
Southfield Slip and Fall Lawyer
Clinton Township Slip and Fall Attorney
Detroit Slip and Fall Attorney
These local pages provide community-specific information, while this page serves as Khamo Law’s primary statewide resource for Michigan slip and fall lawyer searches.
Frequently Asked Questions About Michigan Slip and Fall Cases
Do I have a case if I slipped on ice?
Possibly. Liability depends on the circumstances surrounding the ice, the property, the parties involved, and the conduct of everyone involved. Michigan premises-liability law concerning snow and ice has also changed in recent years.
What if the dangerous condition was obvious?
An obvious condition does not automatically mean there is no duty under Michigan’s current premises-liability framework. The condition’s obviousness may instead be relevant to breach and comparative fault.
Should I take pictures after falling?
When you can safely do so, photographs can provide valuable evidence of what the property looked like when the accident happened.
What if there is surveillance video?
Tell your attorney as soon as possible. Video may become important evidence, and some surveillance systems overwrite recordings after a period of time.
Should I talk to the property owner’s insurance company?
You can speak with an attorney before providing a detailed or recorded statement. An insurer may investigate the accident with its insured’s financial interests in mind.
How much is my slip-and-fall case worth?
There is no reliable one-size-fits-all figure. The value can depend on liability, comparative fault, medical treatment, lost income, future losses, the severity of the injury, available insurance, and many other factors.
Contact a Michigan Slip and Fall Lawyer
If a dangerous property condition injured you or a family member, Khamo Law can evaluate what happened and explain your legal options.
Our attorneys can investigate the property, determine who may be responsible, preserve important evidence, evaluate insurance coverage, and pursue compensation when the facts and law support a claim.
Call Khamo Law at (248) 466-0606 for a free consultation. No attorney fee unless we recover compensation for you.
Legally reviewed by Attorney Koro E. Khamo
Attorney at Khamo Law, PLLC