Slip and Fall Injury Lawsuits in Michigan

In Michigan, recovering compensation for a slip and fall injury can be incredibly difficult. These types of cases often require extensive litigation and the application of a nuanced framework established over years by Michigan courts. To learn more about slip and fall injuries in Michigan, check out our guide below. While we made every effort to ensure this guide was complete as of the time of writing it, there is never a substitute for speaking with a Michigan personal injury lawyer from our team. Call today for a free consultation at 419-900-0955 or using the contact form below.

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The Elements of a Slip and Fall Injury Lawsuit in Michigan

Slip and fall injury cases are primarily based on general negligence law. In these types of cases, the Plaintiff must establish that the Defendant owed them a duty of care. Moning v Alfono, 400 Mich 425, 437 (1977). With respect to duties of care for premises liability in Michigan, the classification of the Plaintiff in relation to the possessor of land is a determinative factor. The injured victim might be an invitee, licensee or trespasser at the time of the slip and fall injury. Depending on which status applies, the law applicable to the case is different.

Open and Obvious Conditions in Michigan

Ever since 2001, a Michigan slip and fall case typically involved a particular legal standard set by the Michigan courts. This is commonly referred to as Michigan’s open and obvious standard. If there is a dangerous condition, it must be shown that the condition was not known to the invitee and cannot be so obvious that the invitee might reasonably be expected to discover them. This is often referred to as Michigan’s “open and obvious” doctrine. A further layer of nuance required a Plaintiff to demonstrate there were “special aspects” in order to establish liability under Michigan law.

Michigan Comparative Fault and Slip and Fall Injuries

Michigan slip and fall injury lawsuits also require a consideration of Michigan’s general “comparative fault” or “shared fault” regime. These types of limitations are usually seen to limit an injured victim’s fights to recover compensation for their injury if they had some responsibility for the fall.