A slip and fall injury due to a wet floor is a very frustrating experience. Sometimes, you can’t even see the danger. However, these falls can cause horrible, sometimes life-changing injuries. When these situations occur, our Michigan wet floor lawyers can help investigate what happened and see if the property owner was negligent. We have handled slippery floor cases throughout Michigan for decades and are experts, collecting tens of millions for our clients.
Under Michigan law, property owners and businesses owe a duty to the general public. When this duty is broken, the owner can be held responsible for the injuries caused by the slippery floor. For example, a wet floor in a supermarket that has not been cleaned up is a dangerous hazard. If it exists for long enough, the grocery store can be held liable.
These cases are not simple. Property owners have several different ways to defend against slippery floor cases. And without a proper investigation, an injured person can end up with much less in compensation than they should have received. That is why it is so important to contact a good Michigan wet floor lawyer after a slip and fall.
Property Owner Negligence
A property owner owes a duty to visitors and customers to exercise reasonable care to protect them from an unreasonable risk of harm caused by a dangerous condition on the land. When this duty is breached, and a person is injured, the owner can be held liable for negligence.
However, the landowner does not have to ensure their property is in perfect condition. And the plaintiff must prove the danger was unreasonable.
In addition, the injured person must prove the property owner knew or should have known, about this dangerous condition. This is called notice. An experienced Michigan slip and fall lawyer can help prove the defendant was negligent so you can obtain compensation.
What Compensation Can I Get from a Slippery Floor Accident?
Michigan wet floor accidents are treated like normal slip and fall cases. They fall under the umbrella of negligence law. This means the injured person requests compensation against the property owner for all available damages under Michigan law.
These damages include:
- The payment of past medical bills
- The cost of future medical care
- Past lost wages
- Futures lost wages or loss of earning capacity
- Pain and suffering
- Scarring and disfigurement
- Emotional distress
- Anxiety and depression
- Loss of society
Stores, property owners, and their insurance companies don’t like to pay out money for injuries from a slip and fall. They are very aggressive in defending these cases. If you have been injured due to a slippery floor, and you believe the owner was negligent, then contact a Michigan slip and fall attorney to protect your rights.
What are Common Causes of Slippery Floor Accidents?
Accidents involving a slippery floor can occur for any number of reasons. However, when a property owner is negligent, an employee or an outside company hired by the building owner usually failed to do something.
One of the classic examples is failing to clean up a slippery floor at a grocery store or restaurant. The grocery store does not have the legal duty to ensure their property is always 100% clean or that a spill must be cleaned up immediately. But if a store employee knows about a spill, or the spill existed for a long enough time that the store should have known, then it can be held responsible if it causes an injury.
Water Spilled on the Floor
Another common cause is failing to clean up the water on the floor. Water by its very nature is clear and easily blends into the underlying surface. This can make it difficult to see. Stores are obligated to walk around the store and check to make sure any slippery areas, like a water spill, are cleaned up.
Wet Mats or Rugs
Another common reason for wet floor accidents is failing to have a mat in an area where water can accumulate. Area rugs or carpeting near the entrance to a store can make sure that rain or snow doesn’t cause a dangerous entranceway. In a grocery store, mats in the produce section near the fruits and vegetables can soak up water as well.
In addition, damp or wet mats must be changed to ensure the walkway areas are safe for pedestrian traffic.
What are Common Locations for a Slippery Floor Accident Lawsuit?
There are a number of reasons why injuries due to a slippery floor may occur.
- Grocery stores
- Drug stores
- Hotels
- Restaurants
- Shopping malls
- Casinos
- Apartment complexes or rentals
What are the Defenses to a Slippery Floor Lawsuit?
Property owners, building owners, landlords, and insurance companies can use a few different defenses when defending a Michigan slip and fall case.
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 $75,0000.
Notice:
As described above, the property owner must have notice of the defect before the injury occurs. This means they knew about the dangerous condition 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 cause to 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, then the restaurant has constructive notice of the hazard.
What is the Open and Obvious Defense?
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) 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 slippery area is a question for the jury.
How Much Time Is There To File a Slippery Floor Lawsuit?
Under Michigan law, typically the injured person has three (3) years to file a lawsuit against the proper defendants for a slip and fall from a wet floor. This deadline is called the statute of limitations.
However, some defendants like cities and townships have specific notice guidelines that must be met. Contact a Michigan wet floor lawyer to get free legal advice.
Michigan Slip and Fall Lawyers That Fight for You
The slip and fall lawyers at the Lee Steinberg Law Firm have been helping injured shoppers and customers recover millions for their injuries. We do it by meeting with witnesses, recovering video, taking photos, and hiring experts to explain why the property owner broke the safety rules.
We also do it by meeting and communicating with our clients. Call our office anytime at 1-800-LEE-FREE (1-800-533-3733). The consultation is free, and we will never charge anything until we win your case.
