Michigan Slip and Fall Claims: Property Duties After Kandil-Elsayed

A Michigan slip and fall claim requires more than proof that you fell on someone else’s property. The hazard, the property possessor’s responsibilities, notice, and the circumstances of your visit all matter. A visible hazard also no longer supplies the automatic no-duty answer found in many older summaries.

What changed with open and obvious hazards

In its July 28, 2023 Kandil-Elsayed decision, the Michigan Supreme Court moved the open-and-obvious inquiry from the existence of a duty to breach and comparative fault in the premises-liability analysis. The obviousness of a condition can still matter, but it is not a categorical reason to conclude the property possessor owed no duty.

The decision does not make a property possessor liable for every fall. A case still requires examination of the applicable duty, unreasonable risk, breach, causation, and damages. The injured person’s conduct also remains relevant.

Document the hazard and how long it existed

Photographs should show both the specific condition and the surrounding route, lighting, signs, entrances, and alternatives. For a spill, uneven surface, or ice, record what you observed without guessing how long it had been there. Witness accounts and maintenance records may help address notice.

Identify who controlled the area rather than assuming the building owner handled every condition. A tenant, property manager, contractor, or owner may have a different role. Keep the exact address and location within the property so the correct area can be investigated.

Records worth preserving after a fall

• Photographs or video of the condition before it changes, plus the date and approximate time.
• Incident reports, witness contacts, and communications with staff or management.
• The shoes and clothing worn, along with an accurate account of what you were doing and carrying.
• Medical records describing the injury and its timing, work restrictions, and bills.
• Available surveillance footage and relevant inspection, cleaning, repair, or snow-removal records; request preservation promptly.

Describe the full setting honestly

Why you were on the property, where visitors were expected to walk, and any warnings you saw are useful facts. Explain whether you had crossed the area earlier and whether lighting or weather changed. Do not crop photographs in a way that removes an unfavorable condition; the full context helps assess the claim.

Our Michigan premises liability practice page covers property-injury representation. If the injury arose from a winter vehicle collision rather than a fall, see our separate black ice road-accident guide. The two situations require different liability investigations.

Discuss your claim with Logeman & Iafrate

For a free consultation, contact Logeman & Iafrate, P.C. or call (734) 994-0200. Bring the records described above so the conversation can focus on your accident, available coverage, and next steps.

This article provides general information, not legal advice. The applicable law, policy terms, and deadlines depend on the facts of your case.

Does an obvious hazard automatically defeat a Michigan claim?

No. After Kandil-Elsayed, obviousness is considered in breach and comparative fault rather than as an automatic no-duty rule.

Does a fall prove the property owner was negligent?

No. The applicable duty, condition, notice, causation, and damages must be evaluated.

Why identify the property manager or tenant?

Responsibility can depend on who possessed or controlled the area and the specific conduct involved. Ownership alone may not answer that question.