SLIP AND FALL
Common conditions on a property for a slip and fall cases:
- Black Ice
- Cracked Staircases
- Snow Build-up
- Broken or Defective Flooring or Pavement
- Improper Lighting
- Hidden Drop Offs, Dips or Concealed Holes
- Improperly maintained or serviced elevators, walkways, or escalators
There are many other valid reasons that can lead to a slip and fall case. When reviewing a slip and fall case, a victim is required to prove that their case contains these four elements to proceed.
Was there an injury?
There must be damages or harm done from the slip and fall, this damage must be real injury that is confirmed by a physician.
Causation for the Slip and Fall
Proving that the dangerous conditions of or on the property caused the direct slip and fall accident that resulted in injury. This is a critical piece of the case, we spend a large amount of time investigating this portion of your case. Proving causation is a difficult task, therefore, reviewing all the information, the site of the slip and fall, as well as, witness statements, medical records, and any other evidence associated with the fall is crucial. Proving direct correlation of the causation of the accident to negligence is a key to having a solid case.
Was there Negligence?
Under Michigan Law, there are several considerations in regard to negligence.
Did the property owner know or reasonable should have been aware of the dangerous conditions?
Did the property owner have the ability and opportunity to fix the dangerous condition or properly warn others of its existence?
Did the owner fail to handle the situation?
The owner is not required to fix the known issue at that exact moment in time, in fact, a property owner can provide notice of the dangerous condition, and then has a “reasonable amount of time” to remedy the situation. This is a typical defense for these types of cases, they are called “open and obvious doctrine” this states that the owner had warned the victim prior to being on the property reliving them of responsibility and liability for the damages. Now, if this is the case, it does not mean the property owner is free and is going to defend the case, due to the nature of the property, and reasons for you being on the premise can alter those standards and still deem the owner liable.
Why was the victim on the property?
The reason for the victim being on the premise is very vital in a liability case like a slip and fall. Due to the variety of businesses and properties. Think of the difference between a grocery store, a small business, and a construction site. All vastly different places, with different reasons for being on the property.
Property owners are liable, and owe their customers a high quality of care regarding an invited guest of the property. This is also true with landlords, they are required to warn the tenant of any issues associated with the property, as well as, regularly and actively inspect the property for any defects.
Property owners are less liable and owe less care to social guests or someone on the property without direct business with the owner. The owner is required to warn the visitor of any danger conditions that they are currently aware of, or should be aware of. This includes dangers that the guest may be unable to see or avoid.
Was the victim there due to trespassing?
When a victim is a trespasser, the property owner owes very little duty of care to that individual, as that person did not have permission to be on the premise. However, property owners are obligated to trespassers who are children, especially when the owner is or should be expecting a child presence on the property.
The open and obvious doctrine means that is you could have seen the defect, even if you did not see at that time, you may be barred from suing.
If you have been involved in a slip and fall accident recently, contact us as soon as possible, as the property needs to be inspected and investigated, as time goes by, it is harder and harder to prove that the owner was negligent. Bahrie Law will help fight for your rights, and make sure you are represented to the fullest. We care for our clients, and want them to get the justice that they deserve. Contact Us Today! (517)-694-1300