Accident & Injury Resource Center of Michigan
A slip and fall injury is the most common injury that results in a premises liability claim. If a victim is injured because of the negligence or carelessness of another, he/she may be eligible to file a Michigan slip and fall action due to the failure to eliminate dangerous conditions, such as standing water, ice or snow, defective stairway, steps or inadequate lighting. However, recent Michigan Supreme Court decisions have increasingly limited the ability of the injured to bring a claim.
If you, a friend or loved one has been injured as of the result of a slip and fall accident, talk with the attorneys at The Law Offices of Henry M. Hanflik. Our attorneys have over 50 years combined experience in handling Michigan slip and fall cases. Please complete the online form or call 1 (888) 905-4632.
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What You Should Know About Premises Liability
Q: What must I do to prove negligence in a premises liability case?
A: You must prove that there was a dangerous condition, that the property owner was aware of that dangerous condition (or should have been aware), and that he or she did not take a reasonable action to remedy the situation. Note that a property owner has the duty to make his or her property reasonably safe, but he or she does not necessarily have to do everything possible to make the area safe. In short, a property owner has a duty to employ reasonable care to avoid any foreseeable accidents.
Q: What does “foreseeable” mean?
A: Foreseeable means, could a reasonable person foresee the possibility of an accident arising from a particular condition? In many cases, especially with businesses, there is a duty to inspect your property periodically to make sure there are no dangerous conditions and, if such conditions are found, to eliminate them.
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Q: If I am injured on someone else’s property, what should I do?
A: You should:
- Seek immediate medical attention.
- Make a note of what you believe caused the accident.
- Take photographs of the area where the accident took place.
- Get the names of any witnesses.
- Contact our office.
Q: Since I fell on someone else’s property, I have heard about something called the “open and obvious” defense. What is that and how does it effect my case?
A: Over the past several years, Michigan Courts have increasingly been preventing persons who have been injured on someone else’s property from recovering any damages based upon this “open and obvious” defense. As noted above, property owners are held by Michigan law to have certain duties to keep their property reasonably safe. However, Michigan Courts have increasingly held that property owners are NOT required to protect you from dangers that are “open and obvious”. This means that, if the Court feels that a “reasonable person of ordinary intelligence” would have discovered the condition that caused your injury, the property owner is entitled to assume that you would discover that condition as well and then take steps to protect yourself. Therefore, if the dangerous condition that causes your injury is “open and obvious”, the Court will rule that the property owner owes no duty at all to protect you and your claim will fail.