Slip and fall accidents can be devastating, leading to injuries, medical bills, lost wages, and other damages. When such accidents occur on someone else’s property, the owner or occupier of the property may be legally accountable. In Michigan, as in other states, victims of slip and fall accidents can pursue compensation through a personal injury lawsuit. In this article, we’ll explain Michigan slip and fall laws and how they apply to these types of cases.
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What Is a Slip And Fall Accident?
A slip and fall accident occurs when someone slips, trips, or falls while on someone else’s property. Common causes of these accidents include:
- Wet or slippery floors
- Uneven or damaged flooring
- Poor lighting
- Loose or broken stairs
- Obstructed walkways
- Icy or snowy sidewalks
Slip and fall accidents can result in injuries ranging from minor cuts and bruises to severe head and spinal cord injuries.
The Duty of Property Owners in Michigan
Michigan law imposes a duty on property owners and occupiers to maintain safe premises and protect visitors from dangerous conditions. This duty applies to all types of property, including:
- Private homes
- Businesses
- Shopping malls
- Parking lots
- Sidewalks
- Public buildings
Property owners must take reasonable steps to prevent slip and fall accidents. This may include:
- Cleaning up spills promptly
- Repairing damaged flooring
- Installing handrails and guardrails
- Clearing snow and ice from sidewalks and parking lots
If a property owner fails to maintain safe premises and prevent slip and fall accidents, they may be liable for resulting injuries and damages.
Proving Negligence in a Michigan Slip and Fall Case
To win a slip and fall lawsuit in Michigan, the plaintiff (injured party) must prove that the property owner was negligent (at fault) and that this negligence caused the accident and resulting damages. Proving negligence generally requires the following elements:
- The property owner had a duty to maintain safe premises
- The property owner breached this duty by failing to reasonably prevent the slip and fall accident
- The breach of duty caused the plaintiff’s injuries and damages
- The plaintiff suffered actual damages, such as medical bills, lost wages, and pain and suffering
The plaintiff must also prove that they were not at fault for the accident. If the plaintiff was partially at fault, their damages may be reduced proportionally to their level of fault.
Michigan’s Comparative Negligence Law
Michigan follows a comparative negligence law, which means that a plaintiff’s damages can be reduced based on their level of fault. For example, if a plaintiff is found to be 25% at fault for a slip and fall accident, their damages may be reduced by 25%.
Under Michigan law, a plaintiff can still recover damages as long as they are not more than 50% at fault for the accident. However, if a plaintiff is found to be more than 50% at fault, they may be barred from recovering any damages.
Statute of Limitations for Michigan Slip and Fall Lawsuits
In Michigan, slip and fall lawsuits must be filed within three years of the date of the accident. Failing to file within this timeframe may result in the plaintiff being barred from pursuing compensation.
Contacting a Michigan Slip And Fall Lawyer
If you’ve been injured in a slip and fall accident in Michigan, it’s crucial to seek legal representation as soon as possible. An experienced personal injury lawyer can help you understand your legal options, gather evidence to support your claim, and negotiate with the insurance company or opposing party.
In conclusion, understanding Michigan slip and fall laws is essential for anyone who has been injured in such an accident. By knowing your legal rights and obligations, you can protect yourself and pursue fair compensation for your injuries and damages.