Our Michigan slip and fall injury lawyers represent clients in premise liability lawsuits due to a slip and fall accident at a grocery store, department store, and other retail businesses. These accidents can often result in significant injury to an individual who has fallen, including head, back, and neck injuries, fractured and broken bones, hip and knee injuries.
The most common reasons why a person may fall at a store includes wet floors, slippery substances on store floors, water, melted snow or ice, spilled or smashed items, and other spilled liquids.
What is a Slip and Fall Accident Case?
A slip and fall accident case is a type of premises liability claim. Under Michigan law, property owners are legally obtained to ensure that their property is reasonably safe for those individuals who are lawfully on their premise.
An overview of Michigan premises liability is included in §9.1: Premises liability cases are like other negligence cases in that the plaintiff must prove the following elements: (1) a duty owned to the plaintiff by the defendant, (2) a breach of that duty, (3) an injury proximately resulting from that breach, and (4) damages.
Proving Liability For Slip and Fall Accident Case
Individuals suffering injuries in a Michigan slip and fall accident case do have legal rights and may be able to pursue a premises liability claim against the store owner for their injuries. However, in order to file a claim, Michigan law states that if a fall took place under an open obvious condition, the store owner may not be liable.
In general, Michigan law §9.14 states “a possessor of land owes a duty to an invitee to exercise reasonable care to protect the invitee from an unreasonable risk of harm caused by a dangerous condition on the land. Lugo v Ameritech Corp, 464 Mich 512,516, 629 NW2d 384 (2001). However the duty to protect an invitee does not extend to a condition from which an unreasonable risk of harm cannot be anticipated or from a condition that is so open and obvious that an invitee could expected to discover it on his or her own.”
Therefore, when the dangers are known to an individual or are so obvious that an individual might reasonably be expected to discover them, a store owner owes no duty to protect or warn the individual.
What To Do After A Slip and Fall Accident
If you or someone you know suffered injuries due to a slip and fall incident at a retail store or building it is very important that you report the accident to the store manager or other store personnel immediately after the occurrence.
When filing a report, you should ensure that whoever is taking the report takes a written report that should include the date and time of fall injury, the condition that caused the fall, the names of any eyewitnesses or store employees with knowledge of the accident, and a description of the injury or physical complaints of the injured customer. In addition, you should ensure the included in the written report is also a picture of the defective condition. These will all act as important and excellent evidence in the future when filing a claim and proving liability for your Michigan slip and fall accident lawsuit.
Contact Your Michigan Premises Liability Lawyer
For more information after your slip and fall injury accident, call our top rated Michigan premises liability attorneys now at (800) 606-1717. Our lawyers have significant experience in these types of cases and a track record of obtaining sizeable settlements for our injured clients. We also offer a No Win No Fee Promise, which means no legal fees or costs until we win or settle your case.
There are strict statutes of limitation for filing these types of lawsuits in Michigan, so it is important you contact our personal injury law firm immediately after the accident. Often times, the insurance company for the store may contact you immediately after the incident to get you to say things that may later ruin you slip and fall accident case. Do not speak to an insurance adjuster until you have spoken to an attorney. Call today at (800) 606-1717 for your free, no obligation consultation.