Michigan Slip and Fall Lawyer

Slip and Fall Attorney in Michigan, MI

Under Michigan law, all property owners have a duty to maintain their property so that their visitors are safe while on the premises. They must also post warning signs to identify any hazards in a dangerous situation. If they fail to adequately maintain their property or provide ample warning, they can and should be held financially accountable after an accident. A skilled Michigan slip and fall lawyer can help you navigate the legal process and pursue the compensation you deserve.

If you’re the victim of a negligent slip and fall accident, contact the experienced slip and fall accident attorneys of Wigod & Falzon to understand your legal rights and options. We can also estimate your possible slip and fall settlement amount based on your injuries, medical costs, and other damages.

Understanding Michigan Premises Liability Law

Michigan law holds property owners liable for accidents that happen on their property. However, property owners have different standards of care to meet depending on the type of visitor.

State law defines three types of visitors: invitees, licensees, and trespassers.

• Invitees have the highest standard of care owed to them. These visitors are customers or clients who have commercial business at the property. This applies to grocery stores, local businesses, and big box retailers. Property owners are responsible for dangerous conditions that they should know about, and they have a responsibility to post signs about these dangers.
• Licensees. Social guests of the property owner, such as friends and family, are considered licensees. Property owners have a slightly lower standard of care for licensees. Property owners should fix hazardous areas that they are aware of and warn guests about dangerous conditions, particularly to prevent accidents that could lead to incidents like a Hit and Run.
• Trespassers. These are uninvited guests who have no legal right to be on the property. Property owners cannot intentionally harm trespassers, but that’s the only standard of care necessary. In most cases, if someone is injured while trespassing, the property owner is not liable for the injuries sustained. However, there are certain exceptions, especially when children are involved.

Common Causes of Slip and Fall Injuries

Several hazardous conditions can result in a person falling. At Wigod & Falzon, we can help you recover compensation for a variety of slip and fall injuries, such as: slip and fall accidents, which can occur due to:

• Broken or unrepaired stairs
• Wet and/or slippery floors
• Unstable or broken railings
• Loose rugs
• Icy storefront sidewalks
• Uneven floors
• Dangerous workplaces, such as construction sites

Under Michigan’s premises liability law, property owners have a legal duty to warn visitors about hazardous conditions. This can be seen in the form of a “wet floor” sign, or a “watch your step” sign.

Michigan’s Open and Obvious Rule Has Changed

Previously, Michigan’s open-and-obvious doctrine could prevent an injured person from recovering compensation, as a property owner generally did not owe a duty to protect an invitee from an “open and obvious” danger.

An open and obvious hazard is a dangerous condition that an average person would discover upon casual inspection. Examples could include a clearly visible patch of ice, an obvious change in floor elevation, or any readily observable obstruction.

However, the Michigan Supreme Court significantly changed that framework with Kandil-Elsayed v. F & E Oil, Inc. in 2023. The court held that whether a condition is open and obvious generally does not eliminate the property owner’s duty of reasonable care.

Instead, the condition’s obviousness is considered when evaluating whether the owner breached that duty and whether the injured person was comparatively at fault. As a result, encountering a visible hazard no longer automatically prevents an injured person from pursuing a premises liability claim.

This new court precedent could have significant implications for your personal injury claim. If you were injured while visiting Greektown, downtown Ann Arbor, Arena District, or another place in Michigan, you could be eligible for compensation. The financial toll of fall-related injuries could reach $101 billion nationwide by 2030, prompting Michigan’s governor to recognize September 22-26 as Falls Prevention Awareness Week.

Crucial Filing Deadlines

The deadline for filing an injury claim can vary, depending on whether the incident happened on government or private property. Michigan law generally gives injured people three years to pursue a premises liability claim. Under MCL 600.5805, actions seeking compensation for injury to a person or property generally must commence within that timeframe.

When pursuing a claim involving a defective public building, MCL 691.1406 requires an injured person to provide the appropriate governmental agency with notice of the injury, along with the defect that caused it, within 120 days. Failing to meet this critical deadline could mean that your case is dismissed.

Exceptions to these rules are rarely granted. Filing a timely court claim can lead to other benefits, as evidence may be easier to gather in the days and weeks after a slip or fall in Michigan. If you are unsure about your eligibility to pursue compensation, an attorney with Wigod & Falzon can provide you with the focused support your case deserves. We can file your claim within the applicable filing deadline.

When Should I Accept a Settlement?

An injury claim could lead to a settlement offer, either from an insurer during negotiations or the defendant in a civil court proceeding. Accepting an offer in either situation can potentially relieve the financial pressure you are under, so long as the final figure fully addresses the harm you endured.

It is also important to remember that accepting a settlement resolves the dispute, meaning you would generally not be allowed to pursue further compensation for the same injury in the future. Insurance carriers are in the business of making profits, so they could downplay the harm you suffered when making an offer.

A fair settlement should address:

• Medical expenses
• Lost income
• Future medical care
• Reduced earning capacity
• Pain and suffering

Your attorney can review any settlement offer and advise you on the benefits and potential drawbacks of accepting that figure. Rejecting a settlement does not guarantee that the at-fault party or their representative will make a more favorable offer, but it can show that you will not accept an offer that does not fully reflect the setbacks you suffered.

Why You Should Hire a Slip and Fall Lawyer

Falls, slips, and trips accounted for 29% of Michigan’s nonfatal workplace injuries in 2024. Whether you were injured due to a broken handrail, an uneven floor, or a slippery surface, you can protect your eligibility to pursue compensation when you hire a slip and fall lawyer and allow them to manage your case. Michigan’s complex slip and fall laws can provide compensation for an injury, but that is only possible when the slip and fall claim is backed by compelling evidence.

When you work with an experienced Michigan slip and fall attorney, you gain steadfast support from an advocate who understands the steps that are needed to establish fault. An attorney can help with gathering evidence so liability can be firmly established. Your lawyer can explain the injury claims process and the types of compensation that you may be owed. Injury lawyers are skilled negotiators who can advocate for a fair settlement that reflects the harm you endured.

FAQs

Q: What Is the Average Payout for a Slip and Fall Claim?

A: The outcome of any slip and fall claim largely depends on the evidence and legal arguments that are presented, so there is no readily available “average” payout for these types of cases. Factors that can affect the value of your claim include:

• All your lost income
• Your total medical expenses
• The severity of your injuries
• Available insurance coverage
• Whether you share responsibility for the accident

Q: How Is Fault Proven in an Injury Claim?

A: Fault in an injury claim is proven by examining the evidence and determining whether the property owner failed to exercise reasonable care. Surveillance footage, photographs, maintenance records, incident reports, witness statements, and other evidence may establish:

• How long a dangerous condition existed
• Whether the owner knew about it
• Whether reasonable steps were taken to address the hazard

Q: How Long Do I Have to File an Injury Claim?

A: How long you have to file an injury claim depends on whether the incident happened on government or private property. Michigan generally provides three years to pursue an injury claim under MCL 600.5805. Claims involving a defective public building can have additional requirements, including the 120-day notice requirement under MCL 691.1406. These filing deadlines are strictly enforced and can lead to dismissal if they are not followed.

Q: Does the Trespasser vs. Invitee Distinction Apply to My Case?

A: Possibly. The property owner could argue that you were trespassing or otherwise did not have permission to be on the property when you were injured. Michigan law generally requires property owners to exercise reasonable care to protect invitees from unreasonable risks of harm, while the duties owed to licensees and trespassers differ. Your reason for being on the property can therefore affect your claim.

Do I Need a Michigan Slip and Fall Accident Attorney?

In 2024, 844 workers died from falls, slips, and trips nationwide, making falls the second-leading category of fatal workplace injuries. If you were injured due to the negligence of another person or business, you could obtain compensation for your injuries and other damages. A skilled personal injury attorney at Wigod & Falzon can explain your legal rights and options.

In one case, our firm recovered $210,000* for a Detroit woman who slipped on spilled milk in a grocery store, and we can work hard to recover all you deserve in your case.

Our team can provide an honest assessment of your case and identify the most favorable course of action to pursue. Additionally, we handle cases all over Michigan, from Detroit to Flint and even across the state to Grand Rapids. There are no fees to start your case, and we only get paid if you receive your settlement check.

Let the experienced attorneys of Wigod & Falzon advocate for your rights. Reach out to us for a no-commitment consultation.

*Individual results do not guarantee future outcomes, as each case has different facts and details.