Michigan Recreational Injury Lawyer

Our Michigan recreational injury lawyers help people who have been harmed in different types of accidents. Many people enjoy vacations or simple weekend trips throughout Michigan. Many of these locations are often owned by another party, which retains a legal duty to protect any invited visitors onto their land.

One way that landowners often try to reduce their liability for injuries is to have participants sign a waiver. These often state that the participant waives all right to sue for any accidental harm that occurs while on that property. While this may prohibit a person from suing under a standard negligence framework, the law may allow an injured person to recover damages in cases of gross negligence or under another type of legal theory.

If you have suffered an injury while participating in a recreational activity, you may be traumatized and unsure of how to proceed. However, a Michigan recreational injury lawyer might be able to help.

An attorney will examine any waivers that may apply, as well as investigate the facts of a case to determine if another party may be at fault.

• Common Examples of Recreational Injuries
• The Waiver Problem
• Reach out to a Michigan Recreational Attorney to Take Legal Action

Why Hire a Michigan Recreational Accident Lawyer?

A skilled attorney can gather critical evidence and handle each step of the legal process so you can focus on recovery.

Our recreational injury lawyers often hire private investigators and experts to collect and preserve evidence, interview witnesses, and find surveillance footage from nearby businesses.

By hiring an experienced lawyer, you protect your rights and increase your chances of securing the maximum compensation for your injuries. Call us now for your free consultation.

What should I do after a Michigan Recreational Accident?

After a recreational accident, it is important to take immediate action to preserve your ability to file a claim and maximize your potential compensation. Here’s what you should do immediately after being injured in a recreational accident:

If possible, try to do these things as soon as possible after your accident:

• Seek Medical Attention: Even if your injuries seem minor, it’s important to seek medical attention right away.  Not only does this ensure your health is protected, but it also creates a medical record linking your injuries to the accident, which can be crucial in your legal case. 
• Take Photographs and Video of the Scene: This is important because the dangerous condition will be repaired or cleaned up shortly after your injury. Photos are the best way to prove that a hazard existed and caused your injury. If you are too injured to do it yourself, then ask a friend or even an eyewitness to do it for you.
• Fill Out an Incident Report: Notify the landowner or manager immediately and file an incident report. Incident reports provide written documentation of the incident and are sent to the liability insurance company for the property. Be sure to include all important facts, including what caused your injury and the pain you felt after the fall. If possible, also take a photograph of your completed report so the business cannot later claim that you did not file one or that the incident never occurred.
• Gather Witness Information: Get the names and phone numbers of any eyewitnesses. Eyewitnesses are needed later if the case goes to court and provides powerful evidence to help win your case.
• Consult a Michigan Recreational Injury Lawyer: Contact a lawyer at Buckfire Law as soon as possible. We will gather additional evidence, hire experts and private investigators to help prove your case, and fight to win you the maximum compensation.

Common Types of Michigan Recreational Accidents

Michigan recreational accidents can happen in various ways and settings, and while any recreational activity has inherent risks, there are some common types of accidents throughout Michigan. Examples of recreational accidents that could cause injuries include:

• Camping accident 
• Hiking
• Jet skiing
• Going swimming
• Riding an ATV 
• ORV accidents
• Snowmobiling accident
• Riding on a moped
• Boating accident
• Firearm accident
• Hunting accident
• Playing golf
• Student-athletes and youths in organized sports and recreational activities
• Sports injuries
• Malfunctioning amusement park ride
• Engaging in winter and summer sports 
• Defective electric scooter
• Poorly-maintained sporting vehicle
• Dangerous playground equipment
• Horseback riding
• Summer camp activities
• Beach and pool drownings

What Are the Most Common Injuries from a Recreational Accident?

The most common types of Michigan recreational activity injuries include:

• Broken bones
• Separated joints
• Traumatic brain injuries (TBI)
• Severe spinal cord damage
• Death
• Concussion
• Financial and professional damages 

A knowledgeable recreational injury lawyer could work with a plaintiff injured in a Michigan accident to examine the reasons for their harm.

Recreational Injury Statistics

Recreational activities can result in many types of injuries from numerous activities. The bar chart below shows the number of recreational injuries resulting in emergency department visits by age group in the United States in 2023. 

According to the data, ages 5-14 suffer the most injuries, followed closely by the ages 25-64.

Number of Injuries: Age Group

• 0-4: 156,830
• 5-14: 1,177,382
• 15-24: 946,350
• 25-64: 1,152,236
• 65+: 275,877

The Waiver Problem

Many recreational activity owners require all participants to sign a waiver. Usually, they will have a prominent sign stating that they carry no liability in the event of an injury that results from negligence to help protect their interests.

Michigan courts have held, in certain circumstances, that these releases of liability may invalidate a common negligence claim. These waivers often do not apply to injured minors even if the liability form was signed by a parent or guardian.

However, plaintiffs may still be able to pursue legal action if they can prove that a defendant was grossly negligent, or acted in a way that takes no consideration whatsoever for the protection of others. For example, a ski facility operator can be held liable for failing to use proper safety techniques to prevent injuries on the slopes or for a snowmobile accident, especially when it can be proven that injury was likely to occur absent proper safety prevention measures.

Proving negligence and gross negligence requires the skill and experience of a seasoned Michigan recreational injury lawyer. A complete investigation into the facts and safety practices of the property owner or activity provider is the only way to prove and win this type of lawsuit.

How Long do you have to Sue for a Michigan Recreational Injury Case?

Under Michigan law, you have three years from the date of the recreational accident to file a lawsuit. This is known as the “statute of limitations.”

If you miss this deadline, your case will be barred forever and you will not receive compensation. The period can be extended if the injury victim is a minor child, but it is still best to file within those three years.

It is important to contact a Michigan recreational injury lawyer as soon as possible after your injury. Waiting until the last minute makes it difficult to get the evidence needed to win your case.

Recent Recreational Accident Settlements

Michigan recreational injury settlements vary based on the severity of the injury, the evidence presented, and liability. There is no “average” or “typical” settlement amount for recreational accident settlements. Below is a general range for settlements based on typical case types in Michigan:

• $6,000,000 settlement in a fatal boat accident at summer camp
• $3,250,000 settlement for bicyclist hit by a vehicle
• $1,700,000 settlement in an ATV accident in Northern Michigan involving an unsupervised minor
• $1,000,000 settlement in a swimming pool drowning case
• $400,000 settlement in a defective gym equipment lawsuit
• $250,000 settlement in a hockey game injury lawsuit

The amount of your recreational injury settlement will vary depending on the specific facts and medical conditions in your case. Our dedicated legal team will work hard to win you the maximum possible settlement.

Recreational Accident Settlement Case Study

A personal injury lawsuit was filed for a Michigan boat accident. Plaintiffs were passengers on a personal watercraft that was struck by another boat. One plaintiff was killed and the other suffered serious injuries, including the amputation of a leg and a serious head injury.

The suit alleged that the other boat operator was reckless and his negligence caused the crash. The defendant argued he was not negligent and that the operator of the plaintiff’s boat caused the accident. The case went to trial and the jury awarded the plaintiffs a total of $4,600,000.

Reach out to a Michigan Recreational Attorney

All landowners have a duty to protect paying customers and invited guests onto their land. This especially applies to the owners of recreational activities and equipment. Because of this, many owners have all participants sign waivers that appear to dismiss any right to sue, following an injury. However, an injured person may be able to void these waived rights if they can prove a defendant was grossly negligent and caused their injuries.

A Michigan recreational injury lawyer could help you pursue a claim if the negligence of an individual or property owner was responsible for your injuries. A successful claim for compensation may include payment for lost wages, pain and suffering, medical bills, and other losses. 

Call an attorney today to discuss your case.

Michigan Recreational Injury References and Resources

• Michigan Recreational Liability Act
• Insurance Information Institute Sports Injury Statistics
• Michigan DNR Safety Tips

Legally reviewed by:

Lawrence J. Buckfire, J.D., Lead Trial Attorney at Buckfire Law
Lawrence J. Buckfire, J.D. has over 30 years of experience specializing in personal injury and wrongful death cases. He earned his undergraduate degree from the University of Michigan and attended Wayne State University School of Law. Lawrence has been named a Super Lawyer, U.S. News Best Lawyer, and in The National Trial Lawyers-Top 100 Trial Lawyers.
Date of Review: Dec., 2024