Michigan Slip and Fall on Ice and Snow Lawsuits

In Michigan, many slip and fall accidents occur due to snow and ice. If this happened, you could be entitled to money damages from the property owner. However, these claims can be difficult to file under current laws in Michigan. As a result, working with a Michigan personal injury lawyer can be crucial for your claim.

Cases based on weather conditions can be challenging in many instances.  But recently decided Michigan Supreme Court cases in 2023 have increased the chances for  injured parties to recover damages in cases involving winter weather conditions. At Buckfire Law, we are not afraid of taking on these cases.  Consulting with a hardworking attorney is essential in determining whether you have grounds for any legal claims and settlement as a result of your injuries.

• Falls on Ice at Michigan Apartment Complexes and Rental Properties
• What is The Open and Obvious Defense?
• What to Do After a Slip and Fall on Ice?
• Get Help from a Michigan Slip and Fall on Ice and Snow Attorney

Can I Sue for a Slip and Fall on Ice in Michigan?

Your ability to sue for compensation after a slip and fall on ice in Michigan often depends on the location and circumstances of the fall.

For example, if you slip and fall on public property, like a public sidewalk or public school parking lot, you likely cannot pursue a claim against the government.  However, you may still may be able to file a lawsuit against the business, store, or property owner located next to the public sidewalk.  Many cities have ordinances requiring landowners to salt sidewalks next to their property.

However, if a slip and fall on ice occurs at a business, like a gas station, store, restaurant, shopping mall, apartment complex, or office building parking lot, you may be able to sue the property owner.

Generally, the owners of both commercial and residential properties owe a legal duty to others to keep their property safe. If hazardous conditions exist and injuries occur, landowners may be liable for those injuries through a personal injury claim. However, the law is different for falls on ice and snow and is constantly evolving in Michigan.

Settlement payouts in slip and fall cases include compensation for your pain and suffering, disability, medical expenses and lost wages. The injuries are often severe and require surgery, especially for bone fractures. As a result, the settlement amounts are often substantial.

Slip and Falls on Ice at Michigan Apartment Complexes and Rental Properties

Under Michigan Compiled Laws § 554.139, landlords are required to keep their properties in reasonable repair and maintain all common areas. Courts have determined that this statutory duty applies to cases involving the natural accumulation of snow. Therefore, you can sue the landlord at your Michigan apartment complex for your slip and fall on ice.

However, liability may be limited to falls that occur on porches, landings, parking lots, and sidewalks throughout the complex. If possible, take photos and video with your cell phone of the icy conditions that caused your fall. This is important evidence for your claim.

Can I Sue for Not Salting the Sidewalk or Parking Lot?

Everyone in Michigan knows how important it to spread salt on an icy porch, sidewalk, or parking lot in the winter.  Salt is very effective at melting ice and snow even at very cold temperatures.  Quite often, the best practice is to put down melting salt even before an expected snowstorm or rain when there are low temperatures.  This can prevent ice from forming in the first place.

When you live in an apartment complex, the maintenance staff has a legal duty to diminish the hazards of ice and snow on sidewalks and entrances to buildings.  The failure to put down salt, or even enough salt, can be a basis for suing the landlord in a slip and fall on ice and snow case.

In addition, many cities and townships have ordinances requiring landowners to clear snow and put salt down on icy sidewalks next to their property.  For example, an office building in Downtown Detroit may be liable to an injury victim for not spreading ice melting salt on a public sidewalk next to the building.  The same is true more many other cites and town across Michigan.

What is The Open and Obvious Defense?

In Michigan, one who owns or legally possesses land owes a duty “to undertake reasonable efforts to make its premises reasonably safe for its invitees. This means the legal responsibility” to exercise reasonable care to protect the invitee from an unreasonable risk of harm caused by a dangerous condition on the land.”

Until recently in Michigan,  a premises owner was not liable for a plaintiff’s injuries if the alleged dangerous condition that caused those injuries was “open and obvious.”

A danger is open and obvious if an average user with ordinary intelligence would have been able to discover the danger upon a casual inspection. Basically, if you could see it and could have avoided it then there is no liability. State courts frequently dismiss many slip and fall lawsuits based upon the “open and obvious defense.”

Fortunately, the Michigan Supreme Court changed that case law in 2023.  The recent cases hold that an open and obvious condition does not eliminate the property owner’s legal duty to the injured person.  Rather, it can be considered by a jury to reduce the compensation award to the plaintiff.

To avoid a reduction in a jury award, a plaintiff can argue that  open and obvious condition is “unreasonably dangerous.” This makes sense because the law should not reward property owners who make little or no effort to make the property safe for visitors. The goal of many laws is to protect innocent people from harm by making others accountable for their negligence and dismissing a case because a condition was so dangerous is illogical. Property owners would have no incentive to provide a safe premises if the law protecting them from the most serious dangers.

A second way to avoid a reduction in a jury verdict is to argue that a dangerous condition is “effectively unavoidable.”  There certainly situations in which there was no possible way to avoid a snow and ice danger. This is very common for a slip and fall on ice when there is no other safe route to walk to get to the destination.

For example, the Michigan Court of Appeals released a great unpublished opinion on January 26, 2023 for a trip and  fall at an apartment complex.  In Jamel v WBR King Arms LLC, the Court held that a dangerous set of steps on the sidewalk outside the apartment door were effectively unavoidable to the tenant.  As a result, the court allowed the claims to move forward.

What to Do After a Slip and Fall on Ice in Michigan?

There are several things that you should do after a slip and fall on ice. If possible, you should immediately take photographs and video of the icy or snowy condition that caused you to slip and fall. This is the best way to prove that a hazard existed and was not cleared away by the property owner. If you wait too long, the ice will melt or the snow may be cleared by maintenance people, especially if you report that you were injured due to the condition. Without photographs or video of the hazard, you may not have the proof needed to win your case.

You should also report your slip and fall on ice at an apartment to the business owner or management office. A written report is the best way to document the incident happened so that it cannot be disputed by management at a later date. Make sure to get the name of the person who took your report. Also, ask for a copy of the incident report or even take a photograph of it in case the insurance company later claims that no report was filed.

Finally, try to get the names and phone numbers of all eyewitnesses to the incident. You may need their help later on to prove that the fall happened due to a winter hazard. If you live in an apartment or condominium complex, you may find out there other tenants had complained about the hazard to management in the past and nothing was ever done. For example, if a tenant in your same building requested that salt be placed on the sidewalk several hours before your fall and maintenance never did it, this would be very helpful to your case.

Michigan Slip and Fall on Ice Settlement Example

A 58-year-old woman slipped and fell on ice at the doorway of an office building. She fell on her way out of the building on the sidewalk at the end of her workday.

The building owner failed to salt the walkway and placed a defective gutter that caused the buildup of ice. Plaintiff fractured her arm and suffered two nerve entrapment surgeries due to her injuries.

A jury awarded her $475,000.

Get Help from a Michigan Slip and Fall on Ice Lawyer

The recent changes in Michigan law will allow many slip and fall injury victims to receive compensation for their injuries.  After falling on ice or snow in Michigan, you should consult a lawyer to assess your situation and explore all options available to you.

Working with experienced Michigan slip and fall on ice lawyers can remove some of the stress that you are experiencing as a result of your injuries. The Buckfire Law Firm can help you.

We charge no legal fees unless you receive a settlement check. To get started, call today to schedule your free, no-obligation case review.