Michigan Slip And Fall On Ice Lawsuits

Michigan Winters can be a dangerous time not only on the roads, but also due to slip and falls on snow and ice. Injuries from slip and falls on ice can result in very serious injuries, including but not limited to, broken legs, broken arms, fractured hips knee injuries as well as traumatic brain injuries, also known as closed head injuries. Many times, victims of falls due to icy conditions have legal rights to compensation against the landlord or property who failed to clear away snow and ice from walkways and parking lots.



Obviously, the property owner cannot prevent snow and ice on their parking lots, sidewalks, steps, or walkways. However, they do have a legal duty to take reasonable measures to eliminate the dangers of snow and ice within a reasonable time of the accumulation. This means, essentially, that the property owner must plow the snow and use melting salt on pedestrian surfaces within a reasonable time after it accumulates. Many good property owners even salt before a storm as a safety prevention measure for its invitees.



In "The Costs of Fall Injuries Among Older Adults," the Centers for Disease Control and Prevention reported that falls were responsible for more open wounds, fractures, and brain injuries than any other cause of injury. Further, hospital admissions for hip fractures among people over age 65 increased from 230,000 admissions in 1988 to 340,000 admissions in 1996. The number is expected to exceed 500,000 by 2040, costing insurers an estimated $240 billion.



Oftentimes individuals are caused to fall because the ice is concealed beneath the snow or not visible such as in cases involving "clear" or "black-ice." In recent, Michigan Courts had regularly dismissed those cases under a legal rule called the "open and obvious" doctrine. Landlords cannot invoke the open and obvious doctrine in cases involving slip and falls on snow and ice to bar lawsuits by tenants because landlords have a statutory duty keep common areas of a rental property fit for the use intended by the tenants. However, recently the Courts have been reinstating these lawsuits and allowing injury victims to seek fair compensation for their injuries. This means that people who slip and fall on ice in Michigan can again pursue their claims against the property owner or business that was negligent in failing to salt icy walkways or shovel.



Slip and fall on ice cases in Michigan can be complex and involve number important legal issues. It is essential that an experienced Michigan personal injury lawyer be contacted as soon as possible after the incident. This will allow the victim the best chancing of winning the case and receiving a fair settlement.





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Lawrence J. Buckfire is a Michigan personal injury lawyer. If you or a loved one have been injured from a slip/trip and fall accident, you should contact our office immediately. Call us now at (800) 606-1717. You should also request our FREE BOOK, "The Ultimate Guide to Injury Cases in Michigan," which includes the biggest mistakes you can make that can ruin your injury case.