In general terms, slip and fall accidents refer to situations where a person is injured by slipping, tripping or otherwise falling due to a dangerous condition on the premises. Such falls can happen inside or outside a building and be caused by such conditions as wet floors, decaying steps or flooring, improper construction, general defects, or in the case of outdoor accidents, weather-related or hidden hazards. For example, the owner of a parking lot can be liable for a “black ice” patch that causes severe injuries to persons using the parking lot.
Premises liability is a constant changing area of the law. Michigan premises owners, including homeowners and business owners, owe a duty to keep their premises in a reasonably safe condition and to protect against an unreasonable harm caused by a dangerous condition on the land. The level of care required varies depending on the status of the person. Invitees, like a customer at a store, are afforded the highest level of care, while trespassers are given the least amount of protection under the law. There is a common misconception that a guest in a person’s home is considered an invitee. This is not the case. In order to be considered an invitee, your presence on the premises must be for business purposes.
The most common premises liability cases are:
- Slip and fall incidents at business establishments, apartment communities and private homes caused by spills or a failure to remove snow and ice from the entrance/exit within a reasonable time of accumulation.
- Trip and fall incidents at business establishments or private homes caused by defective flooring, defective sidewalks, or defective stairs.
- Construction site accidents caused by negligence of contractors.
- Dog bites.
If you are injured due to a premises owner’s negligence, you may have a right to bring a claim for your injuries. Keep in mind, however, that your recovery may depend on whether the premises owner is insured and whether the act that gave rise to the lawsuit is covered by the insurance policy.
Landlord-Tenant
Special protections are afforded to tenants, above and beyond those described above. There is a statute in Michigan which provides that a landlord must keep the rental premises in good repair and keep the common areas fit for their intended use. If a landlord fails in this regard, and a tenant is injured, the tenant may file a lawsuit seeking compensation for his/her injuries and is protected by the statute.
An important distinction arises between landlord-tenant cases and standard slip and fall cases that occur outside the landlord-tenant context. Because tenants are protected by a statute, the common law open and obvious defense, which is described in detail below, cannot be utilized by defense attorneys in the prosecution of their claim. As a result, tenants may be able to bring a claim in court, and get their case heard by a jury, versus a non-tenant in the exact same situation.
Landlord-tenant cases involving personal injury are fact-intensive and deserve special attention. If you are a tenant and have been injured at your residence, The Law Offices of Lee B. Steinberg, P.C. recommends you contact an experienced attorney immediately who specializes in landlord-tenant injury cases.
Defenses
With respect to slip and fall incidents and trip and fall incidents, there is a common law doctrine in Michigan which states a premises owner does not owe a duty to protect a person from an open and obvious danger, subject to a few narrow exceptions.
Whether a condition is open and obvious depends on whether it is reasonable to expect that an average person with ordinary intelligence would have discovered the danger upon casual inspection. Generally, if you see a dangerous condition, such as a pot hole, and you walk over it and trip and fall, the open and obvious doctrine may bar your claim. The law generally does not reward those who knowingly encounter a hazard that is open and there to be seen. This doctrine applies to cases involving snow and ice as well. This is the most commonly asserted defense in premises liability claims.
Another defense insurance companies will use is a term called “comparative negligence.” In other words, a jury will reduce the award a plaintiff can receive by the amount of fault he or she caused in producing the accident. If the plaintiff is more than 50% at fault, it may act as a complete bar to recovery and the plaintiff cannot receive any pain and suffering damages.
Besides open and obvious and comparative negligence, there are a number of other defenses that insurance companies and at-fault parties will utilize to prevent an accident victim from receiving proper compensation. If you are injured in a slip and fall or constriction accident, The Law Offices of Lee Steinberg, P.C. recommends you contact an experienced and dedicated attorney to help you navigate this complicated area of the law.
Investigation
If you experience a slip and fall accident, there are a number of things you should attempt to do to help yourself in case filing a claim is necessary:
- Try to determine what made you fall and if it could have been anticipated and prevented. If anyone saw you fall, be sure you get the names and addresses of all witnesses.
- Note the conditions in the area at the time of the fall. Was the lighting poor or was there some substance that made you slip? If you did slip because of something on the floor, try to obtain a sample.
- Get pictures of the area as quickly as possible. Make sure the pictures are clear and accurate.
- Report any such accident to the manager or owner of the property and insist that they make a record of it. Get a copy of the incident report and retain it for your records.
- Don't make any recorded or written statements to the owner of any insurance company.
The Law Offices of Lee Steinberg, P.C. has represented countless slip and fall accident victims, helping them obtain the compensation they deserve under the law. Please contact our office directly at 1.800.LEE.FREE (533-3733) to find out your rights and how we can begin fighting for you.
"Because it’s not just the law, it’s Lee."
