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Frequently Asked Questions
In Michigan, you can sue for a fall on black ice in only a limited number of situations. You must prove that you were unable to see the icy condition before stepping on it. And, you must also prove that the condition was unavoidable. This means there were no other routes you could have taken to avoid the black ice.
A city or other governmental entity may be liable if you fell on a broken or uneven sidewalk. In general, it must be a significant defect that caused your fall. For a sidewalk, the law requires a 2” height differential if you are suing for a trip on a raised piece of cement. Photographs are important evidence to prove your case.
There is a three-year statute of limitations to file a slip and fall lawsuit in Michigan. If you miss this deadline, your case will be barred forever. It is important to call an attorney immediately after your fall to give you the best chance of winning a settlement.
More than 90% of all slip and fall cases settle out of court. However, you must first have a good case to start. Judges often even dismiss lawsuits on issues of negligence after they are filed. So, if an attorney accepts your case and it is not later dismissed by a judge, it is very likely that you will be paid an out of court settlement.
If you were injured on a broken step or a fall down a staircase due to defective railing, you can likely purse a claim. It must be proven that there was an actual defect on the step or stairway that caused your fall. The fact that you fell alone is not enough to pursue a case if there was nothing wrong with the condition of the property.
Negligence is proved by the specific facts of each case and depends on the condition that caused the fall. If a fall is due to a wet floor in a grocery store, negligence can be proven by showing the liquid was on the floor for a long time and not cleaned up. You can also show that the employees did not put out a “wet floor sign.”
For a fall on snow and ice, you can use weather records to show when the icy condition formed. Maintenance and snow plowing records can prove nothing was done to melt the ice or shovel the snow before the slip and fall.
It is smart to report a slip and fall accident. This way, you have documented proof at a later time if you decide to make a claim. Otherwise, the business will contend that it never happened because you did not file a report.
The amount of a slip and fall payout depends on the seriousness of the injury and the medical treatment for the condition. Other factors include the amount of medical bills and lost income caused by the injury. Every case is different and there is no “average” or “typical” slip and fall compensation payout amount of money.
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