Michigan Slip and Fall Law
Slip and fall cases are very difficult to win in Michigan. There are some cases an injured person can win, but the law makes it hard. If you slip or trip and injure yourself here are some things to keep in mind.
First, it matters where you are. If you are a customer in a store that is open to the public (for example, Meijer, Kroger, Wal-Mart and so on) you may have different rights than if you are in a place that is not open to the public. If you are a guest in someone’s home, like a friend or neighbor, and you get injured you would likely have fewer legal rights than if you are a customer in a store. If you slip or trip on a public sidewalk or street you have even fewer legal options.
Second, it matters what you slipped or trip on. If you are hurt on something that is open and obvious it will be hard to win a case in court. In Michigan law the open and obvious doctrine is a defense that a property owner can raise to avoid liability in a case. For example, if you slip on water, ice, soap, or some other substance on the floor that is open, meaning that it is right there in front of you, and obvious, meaning that you should have seen it, your case will be difficult to win.
Third, it matters how sure you are about what you slipped or tripped on. If you slip on something on the floor but you’re not completely certain about what it was that made you fall it could hurt your case. For example, suppose you are walking in a parking lot and you slip on something, fall, and hurt yourself. But, perhaps you don’t know for sure if you tripped on a pothole, slipped on ice, or lost your footing on rock salt. The owner of the property might use that uncertainty to argue that you can’t prove that they caused you to fall and hurt yourself.
Fourth, it matters how hurt you are. A case could be very good legally, but if your only injury is bruising or minor pain it may not be worthwhile to pursue. On the other hand, if you fall and break a bone or have severe, chronic pain your case could be worth pursuing. The severity of the injury can determine whether or not a case is valuable enough to bring.
These and other factors all must be considered when considering a potential slip and fall or trip and fall injury case. No two slip and fall cases are the same and an attorney must balance all the facts of each situation. If you or someone you know has been injured in a slip and fall or trip and fall accident, you should contact a slip and fall attorney right away to discuss your options. A good slip and fall lawyer can tell you what you need to do to make your slip and fall case as strong as possible. Without a slip and fall attorney advising you, you could take steps that would seriously weaken or even cause you to lose you slip and fall lawsuit before it even starts. Gold Star Law’s slip and fall lawyers can help you through the entire process of starting, litigating, and winning your slip and fall lawsuit. Contact Gold Star Law today to speak to one of our slip and fall lawyers and find out what to do next.