Can I Sue for a Slip and Fall Accident in Michigan?

Michigan premises liability laws require that property owners maintain their properties and retail stores in a reasonably safe condition. When a property is not properly maintained in a safe condition and you are injured, you may be entitled to compensation for your injuries.

How to Prove Slip & Fall Cases in Michigan

• You must prove that there is a dangerous condition that was the cause of your slip and fall injuries or damages. This may involve video or photographic evidence, as well as evidence of your injuries as documented in medical records.

• You must identify whether the property owner was responsible for the dangerous condition.

• You must prove that the responsible party either created — or was at the very least aware of — the dangerous condition that caused your slip and fall accident and failed to take steps to eliminate the hazardous condition.

Proving a property owner to be completely at fault for a slip and fall can be difficult. Hiring an experienced slip and fall attorney to bring your case makes it more likely that you will win your case.

Common Types of Slip and Fall Cases in Michigan

• Falls on ice or snow at retail businesses, apartment complexes, and residential sidewalks.

• Uneven sidewalks, steps without handrails, potholes and slippery conditions in store aisleways.

• Lack of handrails on stairway steps.

Average Slip and Fall Verdicts & Settlements in Michigan

Slip and fall settlements in Michigan and other areas can range depending on the severity of injuries and harm. The total amount received through compensation depends on variables including the strength of your lawsuit, and how much monetary value is calculated for the damages you suffered.

Settlements Can Vary Due to Several Factors

• The county in which the slip and fall occurred.

• The costs of any medical bills.

• Lost income as a result of missed work.

• The severity of your pain and suffering from your incident.

Michigan Slip & Fall Statute of Limitations

Michigan statute of limitations for slip and fall cases is three years. This time limit starts on the date of your incident. It is critical that you take steps to find an experienced slip and fall or personal injury attorney as soon as you can after your accident.

Comparative Negligence

Michigan has a comparative negligence rule that determines how much compensation a victim can recover from the property owner of the premises where they fell, based on the negligence of the victim at the time of their incident. Most often, property owners will defend any slip and fall lawsuit filed against them by claiming that the victim was at least partly at fault for any injuries sustained. This reduces the amount they will owe victims, or in rare cases, excuses them from all charges completely.

However, if you are more than 50% at fault, you are not entitled to compensation for your non-economic damages.

Steps to Take After a Slip and Fall Accident

• Seek Medical Attention: It is important to seek medical attention. This ensures your health is protected and creates a medical record linking your injuries to the accident, which can be crucial in your legal case.

• Take Photographs of the Accident Scene: This is important because the dangerous condition will be repaired or cleaned up shortly after your fall. Photos are the best way to prove that a hazard existed and caused your fall.

• Photograph Your Injuries: Document that injuries were caused by the accident event.

• Fill Out an Incident Report: Notify the property owner or manager immediately. Incident reports provide written documentation of the incident and are sent to the liability insurance company for the property owner.

• Witness Information: Obtain the names and phone numbers of any eyewitnesses.

Should I Hire a Michigan Slip and Fall Lawyer for My Case?

It is highly recommended to hire a Michigan slip and fall lawyer as soon as possible after your accident to protect your legal rights.

At Logeman & Iafrate, we often hire private investigators to collect additional evidence, interview witnesses, and find surveillance footage from nearby businesses. Many properties have security cameras, but the footage is usually erased or overwritten after a short period. Acting quickly allows us to demand video evidence before it's lost, which can be essential to proving fault in your case.

It's also crucial that you don't sign any settlement offers or legal releases without having them reviewed by an attorney. Signing prematurely could cause you to give up your rights to pursue future claims. Moreover, you are legally obligated to reimburse your health insurance provider for any medical expenses they covered related to your fall.

Failing to notify your insurer can lead to loss of coverage, and you might have to repay those expenses from your settlement, potentially leaving little to no compensation for your pain and suffering.

By hiring an experienced lawyer, you protect your rights and increase your chances of securing the maximum compensation for your injuries.

What is the statute of limitations for slip and fall cases in Michigan?

The statute of limitations for slip and fall cases in Michigan is three years from the date of the incident. It's critical to consult with an experienced personal injury attorney as soon as possible after your accident to protect your legal rights.

How much compensation can I receive for a slip and fall accident in Michigan?

Slip and fall settlements vary based on several factors including the severity of injuries, medical bills, lost income, pain and suffering, and the county where the incident occurred. The strength of your case and available evidence also impact the settlement amount.

What is comparative negligence in Michigan slip and fall cases?

Michigan follows a comparative negligence rule, which means your compensation may be reduced based on your percentage of fault. However, if you are found to be more than 50% at fault for the accident, you are not entitled to compensation for your non-economic damages.

What should I do immediately after a slip and fall accident?

After a slip and fall accident, you should: seek immediate medical attention, take photographs of the accident scene and your injuries, fill out an incident report with the property owner or manager, and obtain contact information from any eyewitnesses. These steps are crucial for building a strong legal case.

Do I need a lawyer for my Michigan slip and fall case?

It is highly recommended to hire an experienced Michigan slip and fall lawyer as soon as possible. An attorney can help collect evidence, interview witnesses, obtain surveillance footage, negotiate with insurance companies, and ensure you don't sign any settlement offers that could jeopardize your rights to future claims.