If you slip and fall due to a dangerous condition on someone else’s property, like at a shopping mall, gas station, or parking lot, you deserve a champion who will fight by your side with compassion and skill. Our team of Bay City personal injury lawyers takes on the insurance companies and legal system to get you the money you deserve.

Why Is It Important to Hire Aggressive Bay City Slip and Fall Lawyers?

Slip and fall cases are very different than car accident cases. In most auto accidents, liability is not contested. But in a slip and fall case, the defendant almost always fights liability, or who is at fault for the injuries.

Property owners, their insurance adjusters, and defense lawyers will try and say the plaintiff was at fault. Sometimes, they may try to hide evidence or fix the defective area before anybody can investigate. That is why it is so important to call and hire an aggressive Bay City slip and fall law firm. Your team of lawyers and legal professionals can get to the scene and take necessary photographs and videos of the area. In addition, a competent lawyer will send a spoilation letter to the landowner, asking them to preserve important evidence, such as video surveillance, that impacts the case.

Landlords, restaurants, shopping malls, grocery stores, and other establishments try to shift the blame to the injured person. 

To fight the insurance companies and their attorneys, you must have a team of dedicated and experienced Bay City Michigan slip and fall attorneys assisting you every step of the way. We will protect you from:

• Recorded statements taken by the insurance representative
• Aggressive defense lawyers asking irrelevant questions 
• Prior medical or legal issues that have no bearing on the slip and fall and your injuries

Our Bay City personal injury law firm is aggressive in slip and fall cases. We go out to the scene and take photos, request surveillance videos, talk to witnesses, get weather reports, hire the right experts, and do all the things needed to win your case. 

Common Reasons for a Slip and Fall Injury

In Michigan, a person injured on another person’s property must prove the landowner knew or should have known of an unreasonably dangerous condition that existed on the land. Examples of typical slip and fall cases are:

• Failing to shovel or remove snow
• Black ice 
• Failing to salt a sidewalk, walkway, or parking lot
• A broken step or staircase due to lack of maintenance
• A loose handrail that gives way   
• Slip on a wet floor from water, a spill, or a leak 
• 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 

What are the Major Defenses in a Slip and Fall Case? 

There are three main defenses landowners and property owners use when fighting slip and fall or trip and fall cases. 

Comparative Negligence:

The most popular defendant is comparative negligence. Comparative negligence is the fault of the plaintiff for getting injured due to a dangerous condition. A jury must apportion fault. If a jury finds that the plaintiff is more than 50% at-fault or negligent for causing his own injuries, then he is not entitled to receive any pain and suffering compensation.

If a jury says the plaintiff is 25% comparatively negligent for getting injured, then the total verdict is reduced by 25%. For example, if the verdict is $100,000, then the plaintiff will only get $75,000.

Open and Obvious:

Another defense is the open and obvious defense. For many years, this defense meant that if a condition was there to be seen by an average person under casual inspection, then the property owner escaped all liability. Basically, the open and obvious rule meant the property owner had no duty to get rid of open and obvious conditions.

However, this is no longer the case. The Michigan Supreme Court held in Kandil-Elsayed v F& E Oil, Inc. and Pinsky v Kroger Co of Mich (docket Nos. 162907 and 163430 respectfully) that an open and obvious condition is relevant to whether a defendant breached its duty of care to its customers. But this goes to the comparative negligence, or fault, of the plaintiff, not the defendant’s duty. 

This means property owners such as shopping centers and stores can no longer argue they don’t have a duty to warn of an open and obvious condition, such as a slippery floor. This makes it much more difficult for them to get lawsuits dismissed. Instead, whether a plaintiff should have seen the wet floor or pothole filled parking lot is a question for the jury. 

Notice:

As described above, the property owner must have notice of the defect before the injury occurs.  This means they knew about or should have known about the dangerous condition. If they were unaware of the wet floor in the supermarket or the slippery floor, then they could use this to get out of paying anything.

Notice comes in two forms – actual notice and constructive notice. Actual notice is when the defendant actually knew about the dangerous condition. For example, a landlord who comes over to a property and sees the handrail is broken or missing screws has actual notice of the problem.

Constructive notice is when the dangerous hazard existed for a long enough period of time the defendant should have known about it and removed the defect. For example, if there is a spill at a restaurant and the manager or waitress fails to clean it up, the restaurant has constructive notice of the hazard.

What are Common Injuries from a Bay City Slip and Fall?

The injuries from a slip and fall can vary a lot. Some injuries can just be bruising and swelling. However, other injuries can result in broken bones, concussions, and other life-changing disabilities. Some of the more common injuries from a slip and fall or trip and fall include:

• A broken hip 
• Fracture elbow or broken hand
• A torn MCL in the knee
• A rupture to the Achilles tendon
• A broken leg or arm 
• Low back pain and disc herniation 
• Neck and shoulder pain
• Traumatic brain injury resulting in memory loss, blurry vision, dizziness, and trouble balancing 

It is important to seek medical treatment after a slip and fall incident. Sometimes the injuries are minor and go away quickly. However, by delaying medical treatment a bad situation can be made much worse. A doctor or nurse can help evaluate the injury and make necessary referrals to specialists, like an orthopedic surgeon or physical therapist.  

Medical and Contact Information for Your Slip and Fall Case 

McLaren Bay Region

1900 Columbus Ave, Bay City, MI 48708 

989-894-3000 

Covenant Healthcare

700 Cooper Ave, Saginaw, MI 48602

989-583-0000

Bay City Building Department

301 Washington Avenue, Suite 211
Bay City, MI 48708

989-894-8162

Bay City Police Department

501 Third St.

Bay City, MI 48708

Speak to Our Bay City Slip and Fall Lawyers Today

Slip and fall accidents can occur unexpectedly, leaving you with injuries that may have lasting effects on your health, finances, and overall quality of life. However, you don’t have to face the consequences alone. 

With our long history of advocating for the injured, the Lee Steinberg Law Firm, P.C. is ready to support you through this challenging time. We believe in justice for the injured and accountability for the negligent, and our contingency fee policy ensures that 

financial concerns do not stand in your way. 

We have represented thousands of clients throughout Michigan and obtained hundreds of millions in settlements and verdicts. If you or a loved one has been injured in a slip and fall accident in Bay City, Kawkawlin, Essexville, Pinconning, Auburn, or anywhere in Bay, Midland. Gladwin, or Arenac Counties, please call us at 989-399-7575 or contact us online today.