The Lee Steinberg Law Firm provides comprehensive personal injury services. We specialize in slip-and-fall cases and while many law firms stay away from them, we embrace them. Safety must be the highest priority for all property owners, whether at a shopping mall, gas station, a parking lot, or rental property. When a property owner fails to fix or maintain the property, and a person is injured due to negligence, turn to the best Ann Arbor slip and fall lawyers.
We understand the frustration and financial turmoil these incidents cause. Our team of lawyers will help get you compensation for lost wages, medical bills, pain and suffering, emotional distress, depression, and other injuries.
Can You Sue for Slip and Fall in Michigan?
Yes, but you must prove the landowner or some other person was negligent in allowing an unreasonable dangerous condition to exist. Just because you slip and fall does not mean you automatically can get compensation. The plaintiff must prove negligence first. And proving negligence in a slip and fall case takes experienced Ann Arbor slip and fall attorneys who understand the law, the duties of landowners, and how to get the most money for your injuries.
To win a slip and fall case, the injured person must prove the property owner was negligent in maintaining the property. To prove negligence, first a person must show the owner owed a duty. This is usually simple. The owner of a store, restaurant, mall, or landlord generally owes a duty to the public.
Second, the injured person must prove the owner breached this duty. This means the owner failed to properly inspect and fix the hazard.
Third, the plaintiff must show he or she was injured and that the injuries were caused by the landowner’s negligence.
Ann Arbor Slip and Fall Lawyers Who Get Results
Our law firm is so proud to have some of the great slip and fall trial lawyers in Michigan. And the results speak for themselves.
- $3,250,000 for a woman injured at a major retailer
- $5,750,000 for a man injured at a work site
- $1,300,000 for a man injured at a construction site
- $550,000 for a teacher injured in a slip and fall
- $1,250,000 for a tenant injured at her rental complex
What Are Common Reasons for a Slip and Fall in Ann Arbor?
There are numerous ways a slip and fall incident or a trip and fall can occur. But the more common ways include:
- Failing to shovel or remove snow
- Failing to plow snow
- Failing to salt a sidewalk, walkway, or parking lot
- Broken steps or staircase due to lack of maintenance
- A loose handrail that gives way
- Wet floors in a restaurant or indoor shopping area
- Falling in a large pothole in a parking lot or driveway because the area is in poor condition.
- Falling through a defective porch or step
- Defective city sidewalk
What Are Important Steps to Take After a Slip and Fall
It is very important to preserve as much evidence of the dangerous area as possible. Remember, the injured person must prove negligence. Just because a fall occurs doesn’t mean you have a case. Preserving evidence is key.
For example, the following are some important things to try and do after a slip and fall:
- Take photographs
- Complete an incident report and demand a copy of the report when it’s done
- Take video or record the accident scene on your cellphone
- Get the names and numbers of witnesses
- Get the full names of employees working at the time of the fall
What is the Average Slip and Fall Settlement in Michigan?
Every case is different and the average settlements will vary. There is no magic number. However, in general the average settlement for a Michigan slip and fall case falls between the $30,000 to $125,000 range.
Please understand there are several things that affect the settlement value of a case. Some cases will settle for much higher than the above numbers. Think of this range as a starting point. Several factors influence the average slip and fall settlement amount in Michigan. The most important factors are:
- The Severity of the Injuries – the more severe the injury, the higher the value. A back injury that requires physical therapy and heals is going to result in a lower settlement than a broken leg or broken arm with surgery. In cases of significant injuries resulting in long-term medical care, settlements can be substantial.
- Medical Bills – the amount of medical bills is going to be relevant. But not only past and outstanding medical expenses, but future medical care is also very important. A good Ann Arbor slip and fall lawyer will hire the right expert to show the judge and jury how much future medical care you may require.
- Lost Wages or Loss of Earning Capacity – if you are missing work and incurring lost wages, you are entitled to reimbursement for this. In addition, if the injuries affect your future income, then those numbers must be included as well.
- Pain and Suffering – the injuries from a slip and fall cause emotional and physical pain. Although these losses are intangible, the pain, suffering, emotional distress, physical disfigurement, physical impairment, and other non-economic damages must be part of any slip and fall settlement.
Are Slip and Fall Cases Hard to Win?
Slip and fall cases in Michigan are never slam dunk easy cases. Unlike a rear-end car accident, where the defendant cannot dispute liability, the defendants in a slip and fall case always argue they are not negligent for causing the injuries. This reality makes these cases very different.
First, the property owner will try to argue the defect or condition that caused your injuries was not dangerous, or at least unreasonably dangerous. Second, they usually argue the injured person (plaintiff) was responsible for not paying attention and causing their own injuries. This is called comparative negligence and is explained in more detail below. Sometimes they will even argue the injuries are not from the fall, but some pre-existing condition.
Whatever the situation, it is essential to have an aggressive and experienced Ann Arbor personal injury lawyer on your side to guide you through the process every step of the way.
What is Comparative Negligence in an Ann Arbor Slip and Fall Accident?
There are two types of negligence. There is the standard negligence, or fault, of the defendant for allowing a dangerous hazard to remain that causes the injury. Then there is comparative negligence, which is the fault or blame towards the plaintiff or injured person for not avoiding the dangerous condition.
A judge or jury can decide what percentage of your own negligence caused your injuries. If you were partly to blame, the court reduces the amount you receive by your apportionment of fault. However, if you are more than 50% at fault, then the injured plaintiff cannot obtain any compensation for pain and suffering.
Here is a quick example of how comparative fault works. A jury found the plaintiff’s losses and injuries from the slip and fall were $100,000, but found the plaintiff was 20% at fault for the injury. The plaintiff would receive $80,000. If the jury finds the plaintiff 51% at fault, the plaintiff receives nothing.
What Does Open and Obvious Mean?
Under Michigan law, a condition is open and obvious if “an average user with ordinary intelligence would have been able to discover the danger and the risk present upon casual inspection.” Under the old Michigan law, a person could not even file a lawsuit if they slipped and fell on an open and obvious condition, but the law has changed.
However, the open and obviousness of a condition goes to the comparative negligence of the plaintiff. The more open the hazard is the more likely a judge or jury will find blame the plaintiff for their injuries.
Our Ann Arbor, Michigan slip and fall lawyers specialize in protecting our clients from these accusations. Instead, we flip the script on the landowner or landlord. Why did they allow such a dangerous condition to exist? Why did they not inspect the premises more regularly? Who oversaw the inspections? Why didn’t they put up a warning sign or caution tape? Why did the wet floor exist for so long?
All these questions are relevant and important to your case. However, only an Ann Arbor personal injury law firm with experience handling slip and fall cases can be successful.
Contact Us Today – Our Ann Arbor, MI Slip and Fall Lawyers Are Ready to Fight For You
When you have sustained serious injuries in a slip and fall incident in Ann Arbor, you have a lot going on. The attorneys at the Lee Steinberg Law Firm will meet with you and protect you throughout your case. We will fight for the monetary compensation you deserve by law.
We have represented thousands of clients throughout Michigan and obtained hundreds of millions in settlements and verdicts.
Call us for a free consultation at 1-800-533-3733, or fill out a contact form today.
