Michigan Slip and Fall Lawyer

A Michigan slip and fall lawyer can help if you were injured in a slip and fall accident. Fall injuries are common in both private and public places. Falls often result in very serious and even fatal injuries.

When a fall is the result of a dangerous or defective condition, the injured person can sue for compensation for the injuries suffered in the fall. These types of cases are known as a premises liability lawsuit and slip and fall lawsuit. In most cases, you will need an experienced attorney to help you with your case. The insurance company for the property owner will usually either deny your claim or offer you a small settlement that does not fairly compensate you for your injury.

• What should I do after a Slip and Fall?
• Common Places for Fall Injuries
• Statistics and Facts About Fall Injuries
• What is the Law for Michigan Slip and Fall Cases?
• Does Michigan have Comparative Negligence Laws?
• How Long do you have to Sue for a Michigan Slip and Fall Case?

Choose the Buckfire Law Firm for Your Slip and Fall Case

The Buckfire Law Firm has served Michigan residents and others injured in the state since 1969. We specialize in cases for slip and fall accidents.

Our family-owned firm has assembled an award-winning team of trip and fall lawyers in Michigan. We also have a great support staff that wins among the top settlements in Michigan every year. We will do the same for you.

The respected Martindale-Hubbell service has awarded us an AV Rating. This is the highest possible rating for skill and integrity in the legal profession.

We are also named The Best Lawyers In America and Best Lawyers by U.S. News & World Report. Several attorneys are Super Lawyers and members of the prestigious Million Dollar Advocates Forum.

When you choose The Buckfire Law Firm for your slip and fall case, you will get:

• A team of experienced trial attorneys who specialize in slip and fall cases.
• A dedicated case manager who will work with you and assist the lawyers with your case.
• A firm with the resources and experience to fight the insurance company legal team.
• We have offices in Southfield, Detroit, Ann Arbor, Macomb County, and handle cases in all major cities and counties, including Monroe, Lansing, Saginaw, Flint, Kalamazoo, and Grand Rapids.
• Legal representation under our No-Fee Promise, which means we do not charge you any legal fees unless you get a settlement. We pay all of the case expenses. You will never be asked to give us any money while we work on your case. Our fee gets paid when you receive your check.

What should I do after a Slip and Fall?

After a slip and fall accident, taking immediate action is crucial to preserve your ability to file a claim and maximize your potential compensation. Many property owners may quickly clean up or repair the hazard that caused your fall, making it difficult to prove negligence later.

Here’s what you should do immediately after your fall:

• 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. Tell the EMS technicians and doctors exactly what caused you to fall. They will often include this information in your medical records.
• Take Photographs and Video of the Scene: This is very important because the dangerous condition will be repaired or cleaned up shortly after your fall. Photos are the best way to prove that a hazard existed and caused your fall. 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 property owner 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 you to fall 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 happened;
• Gather Witness Information: Get the names and phone numbers of any eyewitnesses. Eyewitnesses are needed later on if the case goes to court and provide powerful evidence to help win your case;
• Preserve Evidence: It’s important to gather and keep all evidence related to your accident. If you were carrying items or wearing specific clothing, preserve those items as they were at the time of the accident. Don’t make any repairs or throw away anything that could support your claim.
• Avoid Admitting Fault: When reporting the incident, avoid making any statements that might imply you were responsible for your fall. Leave the assessment of fault to your attorney, who can handle the legal aspects of your case.
• Consult a Michigan Slip and Fall Lawyer: Contact a slip and fall lawyer at Buckfire Law as soon as possible. We will gather additional evidence, such as video surveillance, and demand copies before they are erased. We also hire private investigators and other experts to help prove your case.

Do I Need a Michigan Slip and Fall Lawyer to Sue for My Case?

Yes, it’s highly recommended to hire a Michigan slip and fall lawyer as soon as possible after your accident. A skilled attorney can gather critical evidence and build a strong case on your behalf.

At Buckfire Law, we often hire private investigators to collect additional evidence, interview witnesses, and find surveillance footage from nearby businesses. Many properties have security cameras, but the footage is usually erased or overwritten after a short period. Acting quickly allows us to demand video evidence before it’s lost, which can be essential to proving fault in your case.

It’s also crucial that you don’t sign any settlement offers or legal releases without having them reviewed by an attorney. Signing prematurely could cause you to give up your rights to pursue future claims. Moreover, you are legally obligated to reimburse your health insurance provider for any medical expenses they covered related to your fall. Failing to notify your insurer can lead to loss of coverage, and you might have to repay those expenses from your settlement, potentially leaving little to no compensation for your pain and suffering.

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

Common Places for Fall Injuries

A lawyer can help with a trip and fall accident that happens anywhere in Michigan. Some of the most common places outside the home for a fall injury include:

• Public and private sidewalks, walkways, ramps, and parking lots
• Stores, malls, and shopping centers
• Hospitals, nursing homes, and medical buildings
• Homes and residences of family and friends
• Apartment and condominium complexes
• Restaurants and cafeterias
• Hotels and motels
• Movie theaters, stadiums, and concert venues
• Health clubs, gyms, and recreational centers
• Schools and colleges, including in gyms and auditoriums
• Airports, bus stations, and train stations
• Workplaces, like factories and manufacturing plants
• Gas stations

Frequent Types of Michigan Slip and Fall Accidents

Our slip and fall lawyers have won significant settlements and jury verdicts in Michigan lawsuits.

The most common types of slip and fall injuries occur due to:

• Falls on ice and snow, including black ice at businesses, residences, hospitals, hotels, schools, and apartment complexes in parking lots, on sidewalks, and indoors.
• Defective steps and broken stairways inside buildings and on exterior steps, including deteriorated wooden steps, crumbling cement steps, and broken stairs.
• Missing and broken handrails both inside and outside of a building.
• Water and other substances, like grease, on floors and aisles in stores, restaurants, airports, hospitals, and other businesses.
• Broken, uneven, & raised defective sidewalks on public and private property.
• Defective parking lots & potholes, including broken pavement, cracked cement, raised parking blocks, and other hazards.
• Floors in buildings, malls, and hotels that are too slippery due to excessive wax build-up and poor maintenance.
• Swimming pools and swimming pool decks with excessive slippery tiles.
• Elevator & escalator accidents caused by mechanical defects and wet substances.
• Inadequate lighting and poor lighting make it difficult or impossible to see where you are walking or stepping and causing you to encounter a dangerous condition.

Statistics and Facts About Fall Injuries

According to the Centers for Disease Control, the number of falls resulting in injuries is staggering. The fall statistics show that:

• One out of every 10 falls results in an injury.
• Over 3 million people are treated in emergency rooms each year for fall injuries.
• There are more than 1,000,000 fall-related hospitalizations among older adults each year.
• In 2019, 83% of hip fracture deaths and 88% of hospitalizations for hip fractures were caused by falls.
• Falls are the most common cause of traumatic brain injuries.
• The total medical costs paid for fall-related treatment totaled more than $50 billion in 2015 alone.

The line graph below shows the number of older adults who fell in Michigan between 2014-2020: 

What Are the Most Common Injuries from a Slip and Fall Accident?

Falls often result in very serious injuries, especially to the elderly population who cannot protect themselves or catch their balance before striking the ground.

Common slip and fall injuries include:

• Traumatic brain injuries, closed head injuries, and concussions.
• Brain bleeds and subdural hematomas.
• Broken bones and fractures to the arms, wrists, hands, legs, ankles, and feet.
• Back and neck injuries, including spinal cord injuries, bulging discs, and herniated discs.
• Knee injuries resulting in a torn ACL, MCL, or torn meniscus.
• Shoulder injuries, like a torn rotator cuff.
• Nerve damage.
• Death directly caused by the fall or by other complications.

What is the Law for Michigan Slip and Fall Cases?

Under Michigan law, the owner or possessor of property has a legal duty to make the premises reasonably safe for its guests and business invitees.

The business or property owner can be held liable for recoverable damages if a person is injured due to a dangerous condition on the premises.

In Michigan, the injury victim must prove several elements to win a slip and fall lawsuit. These cases, also known as premises liability, must prove that a defective or dangerous condition existed on the property or business location. It must be proven that the condition caused both the fall and the injuries suffered by the victim.

What is Needed to Prove a Slip and Fall Lawsuit?

To win a slip and fall lawsuit in Michigan, the injured person must demonstrate specific legal elements that prove the property owner’s negligence. Michigan law requires that the following criteria be met to successfully hold the property owner liable for your injuries:

1. A Dangerous Condition Existed on the Property: You must show that a hazardous condition—such as a wet floor, uneven pavement, or snow-covered walkway—existed on the property. Evidence supporting this includes photographs, videos, incident reports, and witness statements documenting the hazard that caused your fall.
2. The Property Owner Knew or Should Have Known About the Condition: You need to demonstrate that the property owner either created the dangerous condition or had prior knowledge of it but failed to take action. This can be proven by showing previous complaints about the condition, a history of similar incidents, or that the hazard had been present long enough that the owner should have discovered it.
3. You were Lawfully on the Property: To succeed in your claim, you must prove you were lawfully on the property—whether as a business invitee, a guest, or an employee. Trespassers typically do not have the same legal protections, so it’s important to establish that you were there legally.
4. The Property Owner Was Negligent in Addressing the Hazard: It must be demonstrated that the property owner failed to properly maintain the property or address the hazardous condition in a reasonable amount of time. This can be supported by repair records, expert testimony, or video footage showing a failure to fix the dangerous condition in a timely manner.
5. You Suffered an Injury as a Result of the Hazard: You must prove that your injury directly resulted from the hazardous condition. Medical records, doctor’s testimony, and photographs of your injuries can be used as evidence to show the link between your accident and the injuries sustained.

Additional Evidence to Strengthen Your Case

• Photographs or video of the hazard
• Witness statements from those who saw the accident or were familiar with the hazardous condition
• Incident reports filed with the property owner or manager
• Medical records and bills documenting your injuries and expenses
• Expert witness testimony to explain the property owner’s duty of care and how the condition violated safety standards

By gathering strong evidence quickly and proving these elements, you increase the chances of a successful lawsuit. At Buckfire Law, we help our clients collect, organize, and present the necessary evidence to win their slip and fall cases.

Slip and Falls on Ice and Snow

Serious injuries are caused every winter due to slip and falls on ice and snow.

The law in Michigan has changed drastically over the last several years making these cases more difficult to win.

Although some lawyers do not accept these cases, the Buckfire Law Firm still accepts many icy condition injury clients. We continue our great success in winning great settlements for our clients in ice cases.

Many ice and snow fall injuries occur at apartment complexes or in business parking lots that were not plowed or salted after a storm.

Many times, the property owner should salt even before the winter storm to prevent the buildup of ice and snow before the arrival of the storm. This is especially true in cases involving black ice in which the condition could not be seen upon casual inspection.

A slip and fall lawyer can help win even a difficult liability case in Michigan. We often hire weather experts and meteorologists to testify on issues relating to these cases. These include when the storm started and stopped and how much time elapsed before the fall injury.

Experts can also testify regarding the effectiveness of salt at the temperatures existing at the time of the incident. These factors are often the difference between winning and losing your case.

Are Slip and Fall Cases Hard to Win in Court?

Like every case, some cases are hard to win and others are very straightforward matters that the parties know in advance will likely settle.

Each case depends on the facts surrounding the fall and the maintenance of the area of the fall, as well as the conduct of the injured person prior to the incident.

Our attorneys will gather all of the evidence, including incident reports, photographs, and surveillance video to prove fault against the defendant.

We will also interview eyewitnesses, subpoena maintenance records, and perform a full investigation to prove negligence against the owner or possessor of the property. This allows us to win a high percentage of slip and fall cases in Michigan.

What are the Common Defenses in Slip and Fall Lawsuits?

In Michigan slip and fall cases, property owners and their insurance companies often use several common defenses to avoid liability for the accident. These defenses aim to reduce or eliminate the property owner’s responsibility for compensating the injured party. Below are the most frequent defenses used in slip and fall lawsuits:

1. Lack of Notice: Property owners may argue that they were unaware of the hazardous condition that caused the fall and, therefore, cannot be held responsible. The defense claims that they did not have enough time to discover or fix the hazard. To counter this, it is important to prove that the hazard existed long enough for the property owner to have known about it, or that they should have been aware of it through reasonable care.
2. Open and Obvious Hazard: This defense asserts that the danger was so clear and visible that a reasonable person would have recognized and avoided it. Under Michigan law, property owners may not be held liable if the hazard was deemed “open and obvious” unless the danger presented a special risk. In July 2023, however, the Michigan Supreme Court limited the effectiveness of this defense, requiring property owners to exercise reasonable care even for obvious hazards in some situations.
3. Comparative Negligence: The defense of comparative negligence seeks to assign some of the blame to the injured person. If successful, this defense can reduce the amount of compensation based on the injured party’s percentage of fault. For example, if the injured person is found to be 30% at fault, they can still recover 70% of the total damages. Michigan uses this system to ensure that both parties’ actions are considered.
4. Assumption of Risk: Property owners may argue that the injured person knowingly encountered a hazardous condition and accepted the risk of injury. This defense is used in situations where the injured party may have willingly entered an area that they knew was unsafe or failed to take reasonable precautions to avoid harm.
5. Statute of Limitations: If the slip and fall lawsuit is filed after the three-year statute of limitations in Michigan has expired, the property owner can seek to have the case dismissed. It is critical to file the lawsuit within the appropriate time frame to avoid losing your right to pursue compensation.
6. Trespassing Defense: Property owners may also claim that the injured person was a trespasser, meaning they were unlawfully on the property. In these cases, the property owner typically owes no legal duty to maintain the premises for trespassers, reducing their liability for injuries.

These defenses are commonly used to limit or prevent compensation in slip and fall claims. At Buckfire Law, our Michigan slip and fall attorneys are highly skilled at anticipating and countering these defenses to build a strong case for our clients.

Should I Speak with the Insurance Adjuster?

No, you should not speak with an insurance adjuster without first consulting a lawyer. After reporting your slip and fall claim, you may receive a call from the property owner’s insurance company, and the adjuster will likely begin their investigation. Although the adjuster may seem friendly and helpful, you must know that the insurance company will likely fight your claim.

Adjusters are trained to ask questions in a way that could weaken your case or minimize your compensation. We strongly suggest that you do not speak to an adjuster without a Michigan slip and fall lawyer present. We also recommend that you never agree to give a recorded statement. These statements are used against you later when the company refuses to pay you compensation.

If an adjuster calls you, we suggest that you be polite and simply tell the adjuster to call your lawyer. We recommend that you do not discuss the incident or your injuries or the facts of the accident. You should get the adjuster’s name, telephone number, and claim number so it can be documented in your file.

We also suggest that you do not make any settlement demands or sign any papers as these things can permanently damage your case and your ability to win a settlement.

How Much are Michigan Slip and Fall Settlement Amounts?

The Michigan laws provide for two separate types of compensation in a slip and fall lawsuit. Michigan slip and fall settlements are divided into economic damages and non-economic damages, which are also known as personal injury damages. Most cases include both types of damages being paid as part of the settlement.

Personal injury damages include compensation for your pain and suffering, disability, loss of enjoyment of life, emotional injury, and disfiguring scars.

The value of this claim is based largely upon the type of injury caused in the fall and the type of medical treatment needed for the condition. The medical records and your testimony will provide the best understanding of how the incident affected your life.

Economic damages are easier to calculate. We will get all of your medical bills, co-pays, and copies of insurance payments and present those to the insurance company for payment.

If you were disabled from work due to your injuries after a fall, you are entitled to your lost wages for time missed from work.

Claims are also made for loss of income and earnings going into the future if you are unable to return to work or will earn less in the future due to the injuries suffered from the fall accident.

In cases involving a death, we will file a wrongful death lawsuit for the surviving family members. These claims include the pain and suffering endured by the decedent from the time of the fall until death and the loss of society and companionship by surviving family members. Recoverable damages also include the loss of income and support, and funeral and burial expenses.

How Much Money Can You Sue for Pain and Suffering?

There is no cap or limit that you can sue for pain and suffering in a slip and fall case. Pain and suffering compensation is a broad category and includes settlement payouts for physical pain and emotional anguish. Compensation is also paid for fright and shock, embarrassment and humiliation, and denial of social pleasures and enjoyment.

The amount of a pain and suffering award is based on your own particular case. Damages are based on your medical records, your testimony and the testimony of witnesses, and your treating doctor’s testimony. An experienced slip and fall lawyer will build your case so you can get a substantial payout for your pain and suffering claim.

Is there an Average Settlement Amount for a Slip and Fall Injury?

While most legal sources suggest that the average settlement for a slip and fall injury in the United States ranges between $10,000 and $50,000, this amount can vary widely based on several factors. The severity of your injuries, the circumstances of the fall, medical expenses, and lost wages all influence the settlement value. It’s important to understand that there is no “typical” settlement figure, as each case is unique. If an insurance adjuster tells you a typical compensation payout amount for your type of case, you should definitely be suspicious of that dollar figure. The adjuster is likely attempting to pay you a small settlement for your case.

The compensation payout amounts are based upon the particular facts of each case. This is because the liability, injuries, medical care, and economic losses are never the same in any two matters. While a settlement calculator would be helpful, unfortunately, it does not exist.

Our law firm has won jury verdicts and slip and fall settlements greater than $1,000,000 for clients.  Our experience in winning these cases is second to none.  A slip and fall lawyer at our Michigan firm will evaluate your case and work hard to get you the maximum settlement.

Examples of Michigan Slip and Fall Settlements and Verdicts

Below is a list of recent jury verdicts and out-of-court settlements in slip and fall lawsuits.

• $4,140,000 settlement when a tenant in an apartment building fell to his death and died when a guardrail broke and caused him to fall three stories onto a concrete landing.
• $2,305,000 jury verdict against a Flint apartment complex for a tenant injured when a broken handrail caused her to fall down a flight of stairs. She suffered from a broken ankle and required multiple surgeries for the condition.
• $1,175,000 settlement for a fall on dangerous and poorly maintained wooden steps in Pontiac. Our client suffered a spinal cord injury which left him permanently disabled from work.
• $1,500,000 fall injury settlement. The victim sued after he fell through a hole in a second-story floor while restoring a property and became a complete paraplegic.
• $1,425,000 jury verdict in Detroit for a woman who suffered a brain injury due to a fall on a wet and freshly mopped floor in a fast-food restaurant. The employee failed to put out the wet floor sign on the slippery tiled floor despite having customers in the restaurant at the time of the cleaning.
• $1,250,000 premises liability settlement. A resident of a Michigan condominium complex sustained severe injuries after falling on a ramp at her time-share condominium.
• $1,100,000 judgment against a Detroit building owner for the estate of a painter who fell through a rotted and deteriorated roof and suffered fatal injuries.
• $650,000 settlement for a slip and fall on a wet floor at an airport in Michigan that caused a spinal fracture.
• $475,000 settlement for a fall on ice next to a gas station pump, resulting in a broken leg that required surgery.
• $450,000 settlement for a woman who fell on a defective sidewalk suffered multiple fractures.
• $350,000 settlement for an elderly woman who sued her apartment complex for a slip and fall on ice that caused a fractured hip
• $250,000 settlement for an injury from a defective doorway entrance in Macomb County.
• $195,000 settlement for a man who slipped and fell on a wet floor in a hospital and suffered a fractured hip.
• $150,000 settlement for a woman who tripped over a raised steel anchor on a parking lot block and suffered a broken right arm.

Slip and Fall Case Study

A lawsuit was filed by a tenant who tripped and fell over exposed cable wires in the front yard of his rented townhouse. The landlord blamed the cable company and the tenant, claiming he was comparatively negligent for not seeing the cable wires.

The tenant suffered a cervical spinal cord injury that required surgery and caused permanent disabilities. The cable company paid a settlemen,t but the landlord refused to settle and the case went to trial. A Genesee County Circuit Court jury awarded a $1,321,574.00 verdict against defendant landlord for common law negligence.

Do Most Cases Go to Trial or Settle Out of Court?

The majority of personal injury cases do not go to trial. Most cases result in out-of-court settlements that occur at mediation or through settlement discussions with the insurance company either before or after a lawsuit is filed. In fact, less than 5% of all cases have a trial by a judge or jury.

However, if the insurance company does not offer you a fair settlement then you can take the case to trial. Our attorneys win significant personal injury settlements at trial.

How Long do you have to Sue for a Michigan Slip and Fall Case?

Under Michigan law, you have three years from the date of the fall to file a slip and fall 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 that three-year period.

For fall injuries that occur on governmental property, like defective sidewalks or at government buildings, a plaintiff is required to provide a written notice to the governmental agency within 120 days of the incident. The notice must specify the exact location and nature of the defect, the injuries sustained, and any known witnesses. The failure to provide this written notice will bar your claims even if a defective condition caused you harm.

It is important to contact a slip and fall 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.

Get the Best Michigan Slip and Fall Lawyer

The Michigan slip and fall lawyer that you choose for your case is the difference between winning a great settlement or nothing at all.

Our award-winning law firm has won the top personal injury settlements and verdicts in Michigan for over fifty years and we can do the same for you today.

It’s easy to start your case. Just call The Buckfire Law Firm today and speak with our team of legal experts. We will listen to your story and let you know how we can help you.

No Fee Unless You Win For Slip and Fall Cases

Worried about the cost of hiring the top-rated personal injury law firm in Michigan.  Here is the good news.

We do not charge any legal fees to represent you in your case, only only get paid a fee when you receive a settlement. And, we pay all of the case expenses and costs.

It costs nothing to start your case and if you do not receive a settlement, you owe us nothing. We put that in writing for you!

Michigan Slip and Fall References and Resources

• Mayo Clinic
• Centers for Disease Control and Prevention
• National Floor Safety Institute

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: Nov., 2024