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Michigan slip and fall injuries on snow and ice present a number of legal issues. Michigan Winters can be a dangerous time not only on the roads, but also due to slip and falls on snow and ice. Injuries from slip and falls on ice can result in very serious injuries, including but not limited to, bone fractures, hip injuries , back injuries, as well as traumatic brain injuries a/k/a closed head injuries. Our firm has even handled a wrongful death case arising from a fall injury.
In “The Costs of Fall Injuries Among Older Adults” (2000), the Centers for Disease Control and Prevention reported that falls were responsible for more open wounds, fractures, and brain injuries than any other cause of injury. Further, hospital admissions for hip fractures among people over age 65 increased from 230,000 admissions in 1988 to 340,000 admissions in 1996. The number is expected to exceed 500,000 by 2040, costing insurers an estimated $240 billion.
Oftentimes individuals are caused to fall because the ice is concealed beneath the snow or not visible such as in cases involving "clear" or "black-ice." Unfortunately, the Michigan Supreme Court and Court of Appeals have used a judicially created legal rule called the "open and obvious" doctrine to bar many Plaintiffs in very extreme and draconian ways in snow and ice lawsuits.
For instance, one recent Court of Appeals panel held that even though there was evidence that the ice at issue was "black ice," and not visible the condition was still open and obvious and thus the Plaintiff case was dismissed. It seems counterintuitive and illogical that a condition that is not visible is open and obvious, nonetheless, the Court reasoned that "where there is snow in winter in Michigan, there is likely to be ice and the presence of snow puts a person on notice that there may be slippery conditions." Drobot v. Way, unpublished opinion per curiam of the Court of Appeals, decided November 21, 2006 [Docket No. 270132]
For a humorous, yet tragic summary of the absurd way in which the open and obvious doctrine has been applied, see "Adventures in Open and Obvious Land" by John A. Braden .
Despite the injustices created by the open and obvious doctrine, there are some circumstances where the open and obvious doctrine does not bar a claim. For instance, landlords cannot invoke the open and obvious doctrine in cases involving slip and falls on snow and ice to bar lawsuits by tenants because landlords have a statutory duty keep common areas of a rental property fit for the use intended by the tenants. MCL 554.139. In addition, in Robertson v Blue Water Oil Co, 268 Mich App 588, 708 NW2d 749 (2005) [F] the Court held that where an icy condition is unavoidable, the open and obvious doctrine does not apply.
Due to the complexities involved in slip and fall cases involving snow and ice (and "black ice") it is very important to discuss your case with an experienced lawyer who has won many of these complex cases. Feel free to contact our firm to discuss your case. It is important to hire your lawyer as soon as possible after your injury.
We represent Michigan personal injury clients in Detroit, Southfield, Pontiac, Troy, Warren, Grand Rapids, Muskegon, Lansing, East Lansing, Battle Creek, Kalamazoo, Bloomfield Hills, West Bloomfield, Farmington Hills, Rochester, Auburn Hills, Clarkston, Birmingham, Ferndale, Flint, Novi, Pontiac, Troy, Saginaw, Sterling Heights, Waterford, Wayne, Dearborn, Westland, Canton, Monroe, Ann Arbor, Mount Clemens, Livonia, Grayling, Grosse Pointe, St. Clair Shores, Brighton, Adrian, Allen Park, Clinton, Hamtramck, Northville, Garden City, Southgate, Harrison, Holland, Inkster, Allen Park, Belleville, Jackson, Madison Heights, Mount Pleasant, Oak Park, Okemos, Plymouth, Redford, Roseville, Romulus, Taylor, Wyandotte, Wyoming, Traverse City, Ypsilanti, Bad Axe, Northern Michigan, as well as residents of Wayne County, Kent County, Oakland County, Macomb County, Washtenaw County, Genesee County, Huron County, St. Clair County, Monroe County, Ingham County, Saginaw County, Livingston County, Lenawee County and all other Michigan counties.
