Slip & fall can occur on public sidewalk property, private homeowner property, and commercial store property. You will be required to prove by a preponderance of the evidence, more likely than not, that the property owner or person in possession and control was negligent. Premises negligence can be proven by showing the premises owner violated a statute, ordinance, or reasonably prudent person standard. The premises owner created the dangerous condition is another basis for a claim.
Premises owners and their insurance companies put up the following defenses:
Dangerous condition was open and obvious to a casual observer
Signs indicated the danger was there such as a wet floor sign
Distracted at time of the accident
Hiring an experienced slip and fall attorney is very important and the best way to make sure you receive the fair and adequate compensation you deserve. If you were injured in a slip and fall, our slip & fall lawyers are prepared to fight for your legal rights. Call us today for a free consultation.
What Is the Time Limit For Pursuing a Slip & Fall Injury Case?
Michigan generally allows the victim of a slip and fall three (3) years to file a lawsuit. Children have 1 year after they reach the age of 18 years old to either settle the claim or file a lawsuit against the responsible party. Never wait to file a slip and fall or trip and fall claim because evidence will either disappear, get destroyed, or lost.
What Are The Element I Must Prove For A Slip and Fall Claim?
In order to be successful in a slip and fall claim, the victim must prove the four elements to a negligence claim:
Breach of duty of care
Injuries proximately caused by slip and fall
Damages (pain and suffering, medical bills, wage loss etc.)
You must prove each element by a preponderance of the evidence. In other words, your evidence must tip the scales of justice ever so slightly in your favor.
Does The Purpose I Was On The Property Matter?
Yes, it does. The reason an injured slip and fall victim was on the premises is an important aspect in premises liability cases because those on the premises for a business purpose are owed a higher duty of care to make the premises safe. A landlord has the responsibility to protect the tenant. In the business purpose or landlord tenant case the premises owner must warn the invitee of dangers and inspect actively for dangers and take steps to repair any potentially hazardous condition.
A licensee who is a social guest or someone that is on the premises for an ordinary visit. The premises owner still has a duty to warn of dangers which are known, or the owner should have known about or which the guest is not likely to see or avoid.
If you were trespassing, the owner owes very little responsibility to a person who is illegally on the property. However, if the owner knows or has reason to know of the trespasser’s presence then there is a duty owed like for example, the owner cannot set a booby trap to injure the trespasser.
The open and obvious doctrine is alive in Michigan. It is a judicial doctrine which effectively gives the judge in some cases the ability to find the victim is totally at fault for his or her injury. This is a legal defense used by defense attorneys and insurance companies to avoid paying a claim. The open and obvious doctrine basically means a person of average intelligence would have seen the danger upon casual inspection and avoided it.
Your personal injury slip and fall lawyer will have to develop facts to avoid the open and obvious doctrine by showing an exception.
If you or a loved one have been injured in a fall due to slipping or tripping, contact The Joseph Dedvukaj Firm for a free case evaluation.
What Is Black Ice?
If you slip and fall on black ice, usually you won’t see it until to feel it on the ground. Black ice is basically ice that cannot be seen because it’s as clear as a window on the ground. All you see is what is behind the ice. The premises must show that the black ice at the location of the fall would have been visible to a casual observer prior to the fall. The open and obvious danger will not apply if the black ice was not open and obvious to a casual observer. In Michigan winters snow & ice can create dangerous conditions that are not open and obvious such as black ice which is “clear ice”. In published Michigan Case, the Michigan Court of Appeals defined black ice as having an overriding principle of being “invisible or nearly invisible”, and the Court held that the definition is inherently in consistent with the open and obvious doctrine. Using the black ice definition courts have declined apply the open and obvious doctrine to black ice, especially where there is no evidence the black ice would have been seen on casual observation.
If you were the victim of black ice fall, you should call our slip and fall injury attorneys for a free consultation.
Do I Need To Make An Incident Report At The Business Where I am Hurt?
In a slip and fall premises liability case, an incident report is not required by law, but it is advisable to report the slip & fall incident to the business. The business establishment usually slants the reporting to avoid liability so be careful on how you answer the questions on the form. The questions on the form can be confusing or worded in a way that avoids fault. You should never sign anything you don’t read or agree with.
If you or a family member have been injured in a trip and fall, you should call our trip and fall injury attorneys for a free consultation.
If you or your loved one have been injured in a slip & fall accident or any other premises accident, you may be unable to work or have mounting medical bills. You have legal rights are injured on the premises of a negligent property owner or possessor in control of the premises.
We are here to serve you and we will vigorously pursue your rights for the benefit of you and your family, with the excellence and compassion with have given our clients for nearly 30 years. First and foremost, we will do everything in our power to protect your legal rights so you can focus on healing, and without the burden of thinking about your case. Call us now at (248) 352-2110 or Toll Free 1-866-447-3563. You can also contact us through our online form
The Joseph Dedvukaj Firm, P.C. is located in Bloomfield Hills, Michigan and serves the entire State of Michigan. Past results are not a guarantee of future results, and the outcome of your particular case or matter cannot be predicted using a lawyer’s or law firm’s past results. Contacting us through our website does not create an attorney-client privilege. This website is attorney advertising.
Attorney Advertising. This website is designed for general information only. The information presented at
this site should not be construed to be formal legal advice nor the formation of a lawyer/client
[ Site Map ]