- November 2, 2023
Are you familiar with Michigan premises liability laws? Did you know changes may come to the “open and obvious” standard used for years? Property owners and others need to be aware of the changes that may occur so they can adequately prepare and ensure their property is free from hazards that may result in accidents or injuries.Remember, though, that if you experience an injury in a slip and fall accident while visiting someone else’s property, you may have the right to recover compensation. Hiring an experienced premises liability attorney is the best way to protect your rights and ensure you get fair compensation. Contact Goodman Acker P.C. today at 248-286-8100 for a free case review.
Why Choose the Premises Liability Lawyers at Goodman Acker P.C.?
At Goodman Acker P.C., we have years of experience representing injured victims in personal injury cases, including premises liability actions like slip and fall accidents. We know Michigan’s premises liability laws and stay up to date with revisions of statutes and changes in case laws. As a result, we have an in-depth understanding of statutes and processes and always prepare your case within the existing law.
Our premises liability lawyers at Goodman Acker P.C. are ethical, aggressive, and trusted, with a 99% success rate.
When you come to us, we will carefully examine the facts and provide legal advice based on your situation. We work on a contingency fee basis, so you don’t have to worry about immediately paying our fees. Call us today at 248-286-8100 to speak with one of our attorneys.
Michigan’s Stance on Slip and Fall Liability
For the past 20 years, the court system in Michigan has ruled that individuals who slip and fall on snow or ice have no or minimal right to recover compensation from the landowner for the injuries they sustain.
This is because hazards created by ice and snow are considered “open and obvious.” As a result, the property owner did not have a duty to warn guests or visitors about the conditions. Generally, a lawsuit seeking recovery for an injury caused by a slip and fall accident on sidewalks or in parking lots has been dismissed by trial or in appellate courts because of the “open and obvious” defense.
This states that ice and snow are dangers that are apparent to all, and because of this, no remedial measures or warnings are required to be taken by property owners. An example would be if someone was going to a grocery store and slipped and fell on ice while walking into the store.
Unfortunately, it would be impossible to sue the parking lot’s owner in this case because they didn’t remove ice or snow or salt the area. There is an exception to the “open and obvious” defense that can be used in the appellate courts of Michigan.
The New Way to Fight the “Open and Obvious” Defense in Michigan
In 2022, the Court of Appeals in Michigan created a narrow exception for the “open and obvious” defense in premises liability cases (like slip and fall accidents). This exception was made after a case seen in court on February 10, 2022 (Estate of Brenda Bowman v. Larry Walker and Rodney Lauderdale).
In this case, the court established that there was a “special aspect” in place for tenants who needed to go to work but could not leave their apartment safely to go to work because of ice and snow on the ground of the rental property. In the case, the court determined that the apartment complex was possibly liable, disregarding the “open and obvious” defense.
According to the Court’s ruling, since Michigan is prone to winter conditions and weather, it’s reasonable that many businesses will stay open even during these conditions. Therefore, landlords can’t expect all tenants’ employers to allow them to remain home on snowy or icy days.
Also, it’s reasonable to accept that individuals will come across obvious or known dangers for reasons related to their employment. As such, open and apparent hazards may be unavoidable if the employee must go through them to get to work.
Changing the Rules for Slip and Fall Accidents in Michigan
The recent decisions by the Michigan Court of Appeals and Michigan Supreme Court have brought to light a new exception to the decades-old “open and obvious” defense for premises liability cases. It has also helped to change the rules regarding many personal injury cases.
If you slip and fall while attempting to get to work, you may have a cause of action. This did not exist before 2021 (except in limited circumstances). In July 2023, the Supreme Court of Michigan changed how premises liability worked by overturning decades of precedent.
The ruling delivered by the apex court in Ahlam Kandil-Elsayed v. F & E Oil, Inc., No. 162907, 2023 WL 4845611, created a significant shift in the “open and obvious” doctrine, making it easier for residential and commercial premises owners to face lawsuits.
Before the Supreme Court introduced the new case law, a premises owner was not obligated to warn visitors and residents of open and obvious dangers.
The doctrine stated that the duty did not exist as long as an average person could avoid danger and prevent injury. As a result, premises owners loved the “open and obvious” defense and used it to escape liability by obtaining a summary disposition.
But with the new Supreme Court’s ruling in Kandil-Elsayed, premises owners can no longer obtain a summary disposition on the grounds of lack of duty. The “open and obvious” defense will now be considered in the context of breach and comparative fault. The Court ruled that for the ‘breach inquiry,’ the focus is on whether the property condition was open and obvious and whether, despite being open and obvious, the property owner should have anticipated it could harm invitees.
If the breach is established, together with causation and harm, the jury will consider the plaintiff’s comparative fault and reduce their damages accordingly. As a result, premises owners cannot escape liability entirely. With the current makeup of the Supreme Court in Michigan, it is expected that more exceptions — and even the potential elimination of the open and obvious defense — could occur.
How to Protect Your Rights After a Slip and Fall Accident
Even when the “open and obvious” doctrine comes into play, you should take steps to protect your rights. This may be even more important in the future as the laws and regulations around slip and fall accidents and premises liability cases, in general, are changing in Michigan.
Here’s how to protect your rights after a slip and fall accident.
Get Medical Attention
Every slip and fall accident is unique. The injuries you experience depend on the circumstances around the fall and your current state of health and age. Some injuries won’t be apparent right away. If they aren’t treated, they could worsen and severely risk your health and well-being. It’s essential to seek medical treatment after a slip and fall accident as soon as possible to find issues and establish documentation of your injuries.
Take Photos of the Scene and Your Injuries
One of the most potent and persuasive types of evidence you can have in your slip and fall case is photographs. Be sure to capture photos of the area where you fell and the injuries you sustained. Our slip and fall accident attorney will use these to understand better what happened and help your case.
Gather Evidence
It’s essential to find and acquire evidence that may help your claim. Some of the types of evidence you should collect include:
- Video surveillance from the area
- History of code violations or prior accidents in the area or store
- Medical records and treatment costs
- Proof of lost wages.
You need to hang on to all documentation related to your accident. All this may be beneficial in proving your claim and the compensation you deserve for the injuries you sustained as a result of the slip and fall accident.
Gather Witness Information
If anyone witnessed what happened, ask them for their contact information. Our slip and fall lawyer can contact these individuals to use their statements as part of your case.
Changes to Michigan Premises Liability Laws FAQs
After discovering the changes to Michigan premises liability laws, you might question how it affects your case and compensation. Below, we attempt to answer some of the questions resulting from the changes.
Can I Get Compensation Despite the Application of the “Open and Obvious” Doctrine?
Yes, you can. The first exception the Michigan Court of Appeal established is the “special aspect.” Under this exception, if you must go through an open and obvious danger to get to work, the defense will not hold, and you can get compensation. With the new Supreme Court judgment, you can also get compensation if the breach is established with causation and harm.
How Does Comparative Fault Affect My Settlement Under the “Open and Obvious” Doctrine?
Although the new Supreme Court Judgement allows you to get compensation despite the defendant’s using the “open and obvious” defense, the amount will be limited by your fault percentage. So as long as your fault is not more than 50%, you can still get compensation.
What Will My Compensation Cover If I File a Slip and Fall Accident Lawsuit?
Your compensation will cover your economic and non-economic damages, including lost wages, medical expenses, and pain and suffering. If you suffered any property damage, you will also receive compensation for it.
How Much Is My Slip and Fall Accident Case Worth?
There is no ballpark figure for what your case is worth. The premises owner’s insurer or a jury will award compensation based on your injuries, lost wages, and need for future medical care. If the property owner raises an “open and obvious” defense, and the jury finds comparative negligence, it will also impact the amount you’ll receive.
Hire an Experienced Premises Liability Attorney to Help With Your Case
Changes are coming to premises liability laws in Michigan. For victims, this is excellent news. In the past, those who fell, tripped, or slipped on ice or snow on someone else’s property had no recourse to recover compensation. But now you can receive compensation, though it could be limited in some circumstances.
Therefore, if you have been injured in a premises liability accident, hiring an attorney from Goodman Acker P.C. is the best way to ensure your rights are protected and that you have the best chance for a successful outcome for your case. If you need legal representation for your case or situation, call 248-286-8100 to schedule a free consultation.