Slip and Fall Attorney in Michigan

Experienced Slip-&-Fall Accident Attorney in Michigan

All it takes is one minor mistake, such as property owners with an uneven walkway, a loose step, or a wet floor—to cause a slip-and-fall accident. But, that small mistake can have a serious impact on your life. 

If someone’s carelessness left you with a serious injury, medical bills you can’t afford, and worry about what to do next, slip and fall victims can count on the attorneys at Giroux Pappas Trial Attorneys to help. Keep reading to learn more about slip-and-fall accidents, or contact us today to request a free case evaluation.

Key Points

What Is A Slip And Fall Accident?

You are going on about your day as normal, and suddenly, while walking on someone else’s property, you slip and fall to the ground. That’s what’s considered a slip and fall. There is a lot of risks involved since an unexpected fall, like a slip-and-fall accident, can cause life-altering injuries.

According to Michigan law, property owners are responsible for making sure their property doesn’t have hazards that lead to injuries.

When a property owner’s negligence is the cause for a slip and fall injury you can file what’s called a premises liability lawsuit to get compensation for your injuries.

Slip and fall victims can pursue financial compensation for their recovery and rehabilitation, making sure the negligent business or property owner fixes the dangerous condition that led to the fall.

Slip-&-Fall Incidents in Michigan

In 2020, 131 work-related fatalities were reported in Michigan. This is a 20% decrease when compared to 2019, although the decrease in number could be connected to COVID-related shutdowns. 

Of the fatal injuries in Michigan, 16.8% were caused by slip-and-fall accidents, which is on par with the national rate of 16.9%. 

However, it’s important to note that not all accidents get reported to federal agencies. The above-mentioned 131 work-related fatalities were reported on the federal level. According to a 2022 MIOSHA report, hospitals reported 32 work-related fatalities in the state. Of those reported, slip-and-fall accidents caused eight fatalities.

Additionally, as of 2018, the most recent year of statistics from the Centers for Disease Control (CDC), 29.4% of non-work-related slip-and-fall accidents among older adults resulted in injuries. This is 1.4% higher than the national average of 28%. 

The truth is that any number of slip-and-fall accidents is too high. Even if a slip-and-fall accident doesn’t result in death, it could cause severe injuries that affect you for the rest of your life.

Types of Slip-&-Fall Injuries

The most common types of slip-and-fall injuries include:

Traumatic Brain Injuries

When someone’s head makes a sudden acquaintance with the ground, the result can be a traumatic brain injury. Imagine slipping on a wet floor and your head is the first to know – that’s a fast track to a concussion or worse, long-term brain damage. It’s a serious matter that can change lives in a heartbeat.

Broken Bones

Falls don’t discriminate; they can break your wrist, arm, or ankle with equal opportunity. Picture an icy sidewalk acting as a booby trap, leading to fractures that demand surgeries and a calendar marked with rehab appointments. It’s not just painful; it’s a long journey to recovery.

Spinal Cord Injuries

A severe fall can be a backstabber, literally. It can damage the spinal cord, leaving a person struggling with mobility and sensation. Imagine taking a tumble from a faulty elevator – it’s not just the fall that hurts, but the lasting impact that can alter a life.

Paralysis

The nightmare of losing control over parts of your body can become a reality if a fall damages the spinal cord severely. Falling from a significant height, say a ladder, can be all it takes to turn movement into a memory.

Spinal Stenosis

A slip and fall can turn the spine’s already narrow corridors into even tighter spaces, pressing on nerves and causing pain and mobility issues. It’s like the spine’s own version of rush hour traffic, but with pain instead of cars.

Slipped or Herniated Discs

Landing hard can cause the spine’s cushions to slip or bulge, leading to a world of back pain, numbness, or weakness. It’s as if the body’s shock absorbers have gone on strike, leaving you to deal with the aftermath.

Hip Fractures

Especially for the older crowd, a fall can mean breaking a hip, which is as serious as it sounds. It’s not just about the break; it’s about the surgeries and the long road of rehab that follows, all from a patch of ice or an unseen step.

Shoulder Dislocation or Brachial Plexus Injury

Falling and landing on your arm can pop a shoulder out of place or mess with the nerves that control your arm and hand. It’s like the body’s wiring gets a short circuit, affecting how you move and feel.

Common Causes of Slip-&-Fall Accidents

There are many common causes of slip-and-fall accidents, including:

Uneven Flooring

It’s a trip waiting to happen. Floors that play fast and loose with their level can send you sprawling, leading to any number of the injuries we’ve just talked about.

Poor Lighting

Trying to navigate a dimly lit area is like being in a mystery novel, but the twist is a trip or fall. Without proper lighting, those steps and obstacles become unseen adversaries.

Wet Floors

The classic culprit. A floor more suited for skating than walking can send you flying, and not in a good way. It’s a slip that can end with more than just a bruised ego.

Debris Left on Floor

Random objects left on the ground are accidents waiting to happen. They’re like the natural predators of the unwary pedestrian, ready to trip you up when you least expect it.

Imbalance on Escalators, Elevators, Tractors, or Ladders

When machines with moving parts decide to throw a curveball, keeping your balance becomes a game you didn’t sign up to play. A sudden jerk or stop can mean taking a tumble and facing serious injuries.

Malfunctioning Elevator

Elevators are supposed to make life easier, not harder. But when they act up, they can turn a simple ride into a fall, with consequences ranging from broken bones to brain injuries.

Icy or Snowy Walkway

Winter’s beauty comes with a hidden cost – icy paths that can take your feet out from under you. It’s a seasonal hazard that’s all too common and all too dangerous.

Worn, Warped, or Broken Steps

Stairs in disrepair are a disaster in the making. Each step is a gamble, where the stakes are your health and well-being.

Broken Handrails

Handrails are the unsung heroes of stair safety. Without them, or when they’re not up to par, a simple walk upstairs can become a risky endeavor, with a fall being the worst-case scenario.

In many cases, some of these situations may have been directly caused by someone’s negligence. No matter who you think was at fault, it’s always important to discuss details with an experienced slip-and-fall attorney. Slip and fall accident lawyers can help you understand if you have a case and how to move forward if you do.

Slip-&-Fall Laws in Michigan

Two legal concepts it is important to understand in the context of slip-and-fall incidents are the statute of limitations and comparative negligence.

Michigan’s Statute of Limitations

In Michigan, any slip-and-fall accident claims must be filed within three years after the date of the incident. Just like any personal injury claim, the sooner you file, the better. A slip-and-fall lawyer can help you understand how to file a slip-and-fall claim.

Michigan Comparative Negligence

Under Michigan’s version of comparative negligence, even if you are partially at fault for a slip-and-fall accident, you may still recover damages. Under Michigan’s version of comparative negligence, a jury determines each parties’ percentage of fault, and any verdict is adjusted accordingly. For example, if the jury finds that you are 20% at fault for your accident, your verdict is reduced by that percentage and you will receive 80% of the verdict. In another example, if the jury awards you a verdict of  $300,000, but finds that you were 20% at fault, then the defendant would be liable for $240,000 after deduction of the 20%, or $60,000. 

However, if the court finds that you are 50% or more at fault for your slip-and-fall accident, you will not be able to recover non-economic damages at all. You could still recover economic damages, but at a lower amount. For example, if the court finds that you are 60% at fault for your injuries, the defendant only pays 40% of the economic damages awarded.

Proving Slip-&-Fall Claims in Michigan

Before you can recover damages for a slip-and-fall claim, you must prove that the defendant (or their employee or agent) was negligent (in other words, owed you a duty of care and breached it) and that the defendant’s negligence was a cause of your damages. A proper defendant has possession and control of the premises where your injury occurred and the duty the defendant owes depends upon your status at the time of your injury.

Duty of Care

The lowest duty of care would be owed to a trespasser. A trespasser is someone who enters a property without the owner’s permission (express or implied), for the trespasser’s own amusement or benefit. A premises possessor has a duty of care to trespassers insofar as they cannot legally place pitfalls or traps to deliberately injure trespassers (wilful and wanton misconduct), and once a premises possessor become aware of trespassers, it is their duty to exercise reasonable care and prevent the trespassers from getting injured. Child trespassers are owed a higher duty of care than adults

A higher duty of care is owed to a licensee (someone on the premises with permission, but not for commercial purposes, such as a social guest), A premises possessor has a duty to warn a licensee of hidden dangers the owner knows or has reason to know about (if the licenses does not know or have reason to know of such danger). The premises possessor does not owe a licensee a duty to inspect the premises to discover hidden dangers or an affirmative duty to make the premises safe. In other words, a licensee assumes the ordinary risks associated with their permitted entry onto another’s premises.

The highest duty of care is owed to an invitee (someone on the premises for commercial purposes, such as a customer), The defendant must exercise reasonable care to protect an invitee from an unreasonable risk of harm caused by a dangerous condition on the land. Using reasonable care to protect invitees may include inspecting the premises, making any necessary repairs, or warning patrons of any known or foreseeable hazards. It does not extend, however, to conditions from which an unreasonable risk cannot be anticipated or to dangers so obvious that an invitee can be expected to discover the hazard.

Proving negligence isn’t easy—that’s why you need experienced slip-and-fall lawyers by your side. 

It’s All About Negligence

First things first. To win a slip-and-fall claim, the spotlight’s on one word: negligence. Imagine a supermarket aisle, slick with spilled juice. If that puddle’s been there for hours with nary a warning sign in sight, you’ve got a case. The task? Pinpointing that the property owner was asleep at the wheel and didn’t maintain a safe space.

The ‘Open and Obvious’ Angle

Here’s where things get a tad Michigan-specific. Ever stumbled over something you should’ve seen? The law’s got a term for it – “open and obvious.” But here’s the catch: even if a hazard is as clear as day, circumstances might still tilt the scales in your favor. Think: an icy patch right outside a hospital entrance. Obvious? Yes. Avoidable? Not so much.

Building a Rock-Solid Case

The backbone of any slip-and-fall claim is evidence. And no, we’re not just talking blurry phone photos. Detailed shots of the accident spot, eyewitness chats, and that ever-so-important doctor’s note can be golden. It’s akin to building a house – the stronger the foundation, the sturdier the structure.

Report and Know Your Deadlines

Time waits for no one, especially in the legal world. After your fall, report it – whether it’s to a store manager or the city council. And remember, Michigan law’s got a stopwatch on claims. Miss that window, and you might be out in the cold.

Legal Guidance

Navigating a property or business location legal duty to your slip and fall case solo? It’s like sailing without a compass. Partnering with an experienced slip and fall attorney can be a game-changer. They’ve seen the play, know the moves, and can guide you through the hoops.

Beyond the Bruises and Bills

A slip-and-fall isn’t just a tumble; it’s the aftermath too. The days off work, the emotional whirlwind, the medical appointments – they all tally up. Seeking a claim? It’s not about the money; it’s about justice and, dare we say, a safer tomorrow.

In the end, proving a slip-and-fall claim in Michigan is more marathon than sprint. But with the right knowledge, a pinch of patience, and help from an experienced Michigan slip and fall lawyer, the finish line might be closer than you think.

How a Slip-&-Fall Attorney Can Help You

In addition to helping you prove negligence, a slip-and-fall lawyer can also:

Represent you in court

Although most claims can be settled, it’s best to consult with a lawyer who has litigation experience. A slip-and-fall lawyer with litigation experience can represent you in court if the insurance company and/or defendant refuse to provide a fair and reasonable settlement.

Calculate damages

Depending on the percentage of fault, you may be able to recover economic (medical expenses, wage loss, etc.) and non-economic (pain and suffering compensation) damages.

File slip-and-fall claims

An attorney will ensure that your claim is filed on time and that you have the proper documentation needed to file the claim. 

Provide legal advice

Personal injury laws can be quite complicated, especially because each state has their own legislation. If you’re not sure if you have a case, you need to speak with an attorney who has prior experience handling slip-and-fall cases. An experienced attorney will help you understand laws surrounding your situation and how to move forward with your case.

Lastly, there’s no financial risk to consulting with an attorney. Most firms, like Giroux Pappas Trial Attorneys, offer free case evaluations. Additionally, Giroux Pappas Trial Attorneys offers contingency fee agreements, which means that the attorney charges no fee and instead works for a percentage (typically one-third in personal injury cases) of any recovery. 

Frequently Asked Questions (FAQ)

At Giroux Pappas Trial Attorneys, we understand how complex slip-and-fall incidents can be. In our FAQs below, we’ve answered some of the most common questions surrounding slip-and-fall incidents.

How much does a slip and fall lawyer cost?

Slip and fall lawyers typically use a contingency fee, “no fee unless you win” model. This means your Michigan personal injury lawyers do not get paid unless they settle or win your slip and fall accident claim.

The standard rate usually falls between 33% and 40% of the final settlement or judgment amount. It’s important for the victims involved in fall accidents to have an open and clear conversation with their attorney about all potential fees and expenses at the beginning of their case.

How much can you get for a slip and fall in Michigan?

Some might see compensations in the low thousands, while others skyrocket based on injury severity and circumstances. The intricacies? Think medical expenses, missed workdays, and emotional distress. A Michigan slip and fall accident lawyer can help you dive deep into the specifics of your situation to gauge potential compensation you deserve.

Can you sue for a slip and fall in Michigan?

To sue or not to sue? In Michigan, if you’ve stumbled and got a bruise or two because of someone else’s oversight, you do have legal grounds for a slip and fall lawsuit. Pinpointing the property owner’s negligence is like joining the dots between the fall and property upkeep. However, a word to the wise: always consider a chat with a legal expert to understand the nitty-gritty.

Is Michigan open and obvious for a slip and fall injury?

Yes, If a hazard is glaringly evident, say, a wet floor without a sign, the property owner might be off the hook. The logic? It’s expected that folks would spot and sidestep such risks. However, here’s where it gets intriguing: if, for instance, circumstances make it tricky to avoid the “obvious” risk, then the scales might tip in favor of the injured party.

What are the most common places slip and fall accidents occur?

Slip and fall accidents often occur where there’s high foot traffic and neglect or oversight in maintenance can easily happen. Some of the most likely places for these accidents to occur are:

• Grocery Stores and Big Box Stores – These locations are hotspots for slip and fall accidents due to frequent spills, cluttered aisles, and sometimes bad floor maintenance.
• Retail Pharmacies and Shopping Malls – With their layouts and high customer volume, spilled liquids, obstructed walkways, and uneven flooring surfaces are common occurrences.
• Restaurants, Bars, and Clubs – The combination of food spills, wet floors, dim lighting, and crowded spaces makes these venues common sites for slip and fall incidents.
• Hotels and Motels – Hotel lobbies, hallways, and bathrooms, can be risky due to wet floors, poor carpeting, and uneven walking surfaces.
• Hospitals and Nursing Homes – These places meant for care and recovery can have many opportunities for slip-and-fall risks due to spills, freshly mopped floors, and patients’ and residents’ mobility challenges.

These locations are some of the most common settings for slip-and-fall accidents. It’s crucial for both business owners and their patrons to stay proactive in identifying and mitigating potential hazards to prevent slip and fall accidents and keep everyone safe.

This doesn’t mean that private residences are not places where slips and falls can occur. When you are injured in a slip and fall due to someone else negligence, contact an attorney to get all your options.

Request a Free Case Evaluation With a Slip-&-Fall Lawyer Today

Have you or someone you know been injured in a slip-and-fall accident? Giroux Pappas Trial Attorneys, formerly known as Giroux Trial Attorneys, is ready to help. Giroux Pappas Trial Attorneys is a personal injury law firm that’s not afraid to fight for clients. Our legal team has handled over 120 cases in Michigan and have recovered millions of dollars for our clients. 

Fill out our online form today today to schedule a free case evaluation with one of our slip-and-fall attorneys.