Detroit Premises Liability Slip And Fall Cases Explained

To recover compensation for your medical bills, lost wages, and pain and suffering after a slip and fall in the Motor City, it’s important to hire an experienced attorney who specializes exclusively in Detroit premises liability slip and fall cases because he or she will have the skills and “know how” to negotiate a full and fair settlement on your behalf.

An experienced premises liability attorney can file your lawsuit, help you prove the requisite elements, and fight to get you maximum compensation for your pain and suffering, medical expenses, and lost wages. It’s important to note that hiring a lawyer right away after your accident is critical to your case, and that not all lawyers are created equal. There are many personal injury lawyers who “dabble” in these types of cases, but not many who “specialize” in this area of law. You want a lawyer who focuses his entire practice on premises liability cases and has a track record of success, including a history of winning million-dollar settlements and verdicts. Your lawyer’s reputation with defense attorneys and insurance companies can make all the difference in the size and speed of your settlement.

What is a premises liability slip and fall case?

A premises liability slip and fall case is a legal action brought by someone who was injured after slipping and falling due to a dangerous condition on someone else’s property. In this type of action, the property owner can be held liable for failing to make the premises safe or failing to warn others of dangers and hazards.

To win a case, you must establish the following premises liability elements:

• Your status – You were either an “invitee” (on the property for business dealings with the owner) or a “licensee” (on the property with the owner’s permission, but not for business) (M Civ JI 19.01)
• Possession & control – The owner had possession and control over the property (M Civ JI 19.02)
• Dangerous condition – A dangerous condition existed on the property
• Duty – The owner owed you a legal duty of care (based on your status on the property)
• Breach – The owner breached this duty by failing to make the property safe or failing to warn you of hidden or unknown hazards
• Causation – This owner’s breach was the proximate cause of your premises liability injuries
• Damages – You incurred actual damages, such as pain and suffering, medical bills, and lost wages

Is it hard to win these types of cases in Detroit?

Winning a premises liability case is easier today than it was in the past, thanks to some fairly recent changes in the law. The most significant of those changes was the Michigan Supreme Court’s 2023 decision in Kandil-Elsayed v. F&E Oil, Inc., in which the court overruled a decades-old case that was hostile toward injured victims. The Kandil-Elsayed Court held that “the open and obvious nature of a condition is relevant to breach and the parties’ comparative fault,” not the property owner’s duty.  It also held that “when a land possessor should anticipate the harm that results from an open and obvious condition, despite its obviousness, the possessor is not relieved of the duty of reasonable care.”

Another important case is Stitt v. Holland Abundant Life Fellowship. In Stitt, the Michigan Supreme Court clarified and defined the definition of “invitee” as someone who is invited onto someone else’s property for “business dealings” with the owner and/or for the owner’s “commercial benefit.” The most common examples of an invitee are a customer at a store or a diner at a restaurant. When an individual is deemed to be an invitee, there is an “implied representation, assurance, or understanding that reasonable care has been used” by the property owner to “make premises safe” for that person.

Do I need a lawyer to file this type of case?

You are not legally required to hire an attorney, but doing so is certainly in your best interests. The insurance industry’s own research has shown that slip and fall victims who hire experienced attorneys who specialize in this area of law and have both a track record of success and a reputation for excellence get up to four times larger settlements than those who are represented by attorneys who merely “dabble” in slip and fall cases. And those settlements typically happen much faster when you are represented by a skilled and seasoned lawyer.

It’s also important to act quickly when hiring counsel for your slip and fall case because property owners tend to act quickly to clean up the hazard that caused your injuries. You want a lawyer who will immediately investigate your claim, gather evidence, assess liability and damages, file your premises liability lawsuit, and negotiate a maximum settlement on your behalf.

Finally, remember that reputable attorneys work on a contingency fee basis, meaning that you don’t pay a dime until you win. All the more reason to hire the best and most experienced Michigan premises liability lawyer you can find.