Michigan Personal Injury Lawyers Representing Those Involved in Slip and Fall Accidents
At The Law Offices of Berry and Berry, PLLC, we represent clients who have sustained injuries as the result of a slip and fall accident. Slip and fall lawsuits are considered a type of premises liability lawsuit, which arises when a property owner is negligent for failing to keep or maintain their property in a reasonably safe condition so that those who are lawfully on the property do not get injured. For example, a grocery or other retail store might be found liable for injuries someone sustained by slipping on a wet floor or icy sidewalk that was not properly maintained, or a landlord might be liable if their tenant slipped and fell through a broken stairway railing.
Was the property owner negligent?
To be successful in a slip and fall case, you must be able to establish that the property owner was negligent. In other words, you must demonstrate that…
- The property owner owed you a legal duty to keep the premises safe
- That the property owner failed to uphold this duty by having dangerous conditions on the premises
- The property owner's failure to keep the premises safe caused your injuries
- That you sustained damages due to the property owner's failure to keep the premises safe.
However, it is important to note that under Michigan law, if the dangerous condition is so open and obvious that a reasonable person in the same circumstances would take care to avoid the condition, then it's possible that you will be unable to make a successful claim.
Whether you can be successful in a slip and fall accident case in Michigan also typically depends on your relationship with the property owner. The extent of the duty owed to you by a property owner depends on the reason you were on the property at the time you sustained your injuries. Under Michigan law, there are three different levels of individuals who can sue in a slip and fall case, and each individual is owed a different duty by the property owner. These individuals include invitees, licensees, and trespassers. An individual is classified as an invitee when the landowner holds their property open for a commercial purpose such as a grocery store or even a professional sporting event. Licensees are those who are on the property with the permission of the owner or possessor for purposes that are not commercial in nature. In most cases, a social guest at an owner's or tenant's home is considered a licensee. Finally, trespassers are those who enter the land of another without the permission of the owner or possessor. The highest duty of care is owed to invitees, while trespassers typically are not owed any duty of care unless the property owner knows, or should know of the trespasser's presence.