Slip and Fall Accidents on Concrete
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Slip and Fall Accidents on Concrete
If you have been injured in a slip and fall accident on concrete, you may be able to sue the responsible property owner or business to be compensated for your injuries and pain and suffering, as well as to be reimbursed your injury-related expenses such as bills for medical care and wages you have lost. Depending on how serious your injuries are, a claim can also be made on your behalf for future earnings loss and future medical treatment.
Our nationally recognized slip and fall attorneys who specialize exclusively in these types of premises liability cases can help you no matter where your accident occurred. We have helped clients throughout Michigan and anywhere in the U.S. And we can help you, too.
We can co-counsel your case with the best lawyers in the state where you were injured or we can help make sure you are represented by a top trial attorney who – like us – has a proven track record of success and will fight to make sure you get the possible settlement in your case.
Understanding Concrete Slip and Fall Accidents
Defects, snow and ice, poor maintenance, and a lack of necessary repairs make concrete surfaces dangerous for Michigan pedestrians. Landing on hard concrete can cause traumatic brain injuries, neck and back injuries, broken bones and other serious injuries. Depending on where the concrete surface is located, the negligent parties who can be sued may include property owners, businesses, cities, governmental entities and private landowners.
Premises Liability Laws and Your Rights in Michigan
If you have been injured in a slip and fall on concrete, you have a right to sue the property owner whose negligence caused your accident, according to the premises liability law in Michigan. Property owners have a legal duty to make their premises safe for and to protect people like you whom the owners have invited onto their property for the owner’s own “commercial benefit.” When a property owner’s failure to carry out its legal duty causes personal injuries or death, then Michigan’s premises liability laws allow a lawsuit to be filed to recover pain and suffering compensation as well as economic damages.
Common Causes of Slip and Falls on Concrete Surfaces
Slip and fall accidents on concrete have a number of potential causes, including:
- Lack of proper handrails on steps
- Wet or icy floors
- Poor lighting in public walkways
- Improperly maintained sidewalk
- Cracked or broken sidewalks
- Uneven sidewalks and surfaces
- Debris on the walkway
- Distracted pedestrians
- Tripping hazards not adequately marked
Common Injuries from Falling on Concrete
Because concrete is a hard, unforgiving surface, it can cause serious injury when someone falls on it. These injuries may include:
- Fractured bones, especially in limbs
- Traumatic brain injuries
- Concussions
- Spinal cord injuries
- Injuries to the face
- Soft tissue injuries
- Knee pain
- Sprains and strains
- Dislocations
- Bruising, abrasions, and cuts
These injuries can lead to ongoing problems, including paralysis, limited mobility, and permanent brain damage from head injuries. They may also cause scarring.
Liability and Legal Help in Concrete Slip and Fall Cases
To hold a property owner, business, governmental entity, city or municipality, or private homeowner liable for your slip and fall on concrete requires that you – with the assistance of your experienced slip and fall attorney – prove that the responsible parties were negligent in failing to make their premises safe and that their negligence caused your fall and your resulting injuries.
Legal Assistance for Slip and Fall Injuries on Concrete
To get full compensation for your injuries and to win the best possible settlement in your case, one of the most important things you can do is get legal assistance from an experienced slip and fall attorney who specializes exclusively in helping people who have been injured in slip and fall accidents.
You need an attorney who has the experience, specialized knowledge, skills and “know how” to use the law to help you hold the responsible parties accountable for injuries and make them pay to compensate you for your injuries and to reimburse you for your economic damages such as your bills for medical care and the wages and earnings you lost out on because your injuries prevented you from returning to work.
Establishing Negligence in Concrete Slip and Fall Cases
To establish negligence in a concrete slip and fall case, you must prove that the property owner – or whomever had possession and control over the property where your fall injury occurred – breached their duty to protect you and that breach of duty caused your fall and your resulting injuries.
A breach of duty occurs whenever a property fails to protect customers on its property or otherwise fails to make the premises safe for customers. This can include the following failures to act:
- Failure to put up proper signage for tripping hazard
- Failure to maintain sidewalks and walkways properly
- Failure to place guardrails or handrails on the property
- Failure to repair damaged walkways in a timely manner
Property Owner Liability
Property owners in Michigan are liable for slip and fall accidents that occur on their property if the resulting injuries and deaths were caused by the owner’s failure to make their premises safe for customers, shoppers, and people who have been invited onto the property to do business with the owner.
Under Michigan’s premises liability laws, property owners have a legal “duty to exercise reasonable care to protect” their customers and shoppers “from an unreasonable risk of harm caused by a dangerous condition of the land,” according to the Michigan Supreme Court’s ruling in Kandil-Elsayed vs. F&E Oil, Inc., and Pinsky vs. Kroger Company of Michigan
This means that property owners must “make the premises safe” by (1) inspecting the premises, (2) making necessary repairs, and (3) warning customers and shoppers about known dangers and hazards that the property owner has discovered, according to the Michigan Supreme Court’s ruling in Stitt v. Holland.
For social guests, a property owner’s liability is triggered only if he or she fails to warn about hidden dangers that the guest would have no reason to know about.
City and Municipality Liability in Sidewalk Accidents
When someone slips and falls or trips and falls on a city sidewalk, liability for the resulting personal injuries or death will depend on whether the accident was caused by the city’s or municipality’s failure to repair a “defect in the sidewalk.” (MCL 691.1402a(1-3)) This duty to maintain a sidewalk in reasonable repair does not include removing snow and ice.
However, many cities and communities have laws and ordinances that impose a duty on all property owners and homeowners to remove snow and ice from their sidewalks within a certain period of time after it accumulates.
For sidewalk slip and falls that do not involve a defect in the sidewalk or do not involve a local snow removal law, liability will be determined based on Michigan’s slip and fall laws or the premises liability laws of the state where the fall accident occurred.
Taking Action After a Fall
First, make sure you get and preserve evidence. After a concrete fall accident, document the situation as best you can with videos or photos. Also, collect names and contact information of any witnesses to your slip and fall on concrete. This evidence will be essential to your ability to prove liability should you file a lawsuit. If your injuries prevent you from preserving evidence at the scene, ask a family member, friend or companion who is with you.
Second, report your fall to the property owner. If you cannot identify or locate the property owner immediately, your lawyer will be able to help you prepare and deliver a proper report. In the report, state what happened and what caused your fall. Do not admit fault or answer questions where the property owner is suggesting you were at-fault in causing the accident. Make sure to get a copy of the accident report for your own records.
Third, get medical attention as soon as you are able. Sometimes, injuries after falling on concrete do not show up until several days, weeks or even months after the accident. They can also worsen over time. For instance, you might have minor knee pain after a fall on concrete, which feels like a mild injury. Yet, over time, it does not heal because you have a torn ligament. A doctor’s visit after the fall will inform you of these potential concerns. It also starts your medical record, which can be substantial evidence for your case in the future.
Fourth, as soon as you have seen the doctor, talk to an attorney to understand your rights. Getting legal help will also ensure that you can file your claim before the statute of limitations expires, protecting your right to compensation.
Your Rights and Compensation
After being injured in a slip and fall on concrete, you have a legal right to recover compensation for your pain and suffering as well as for economic damages such as medical bills, medical transportation costs, attendant and nursing care, and reimbursement for wages and income you have lost from being disabled from working.
Several factors will affect the amount of compensation you will be able to recover. These include:
- Whether the evidence establishing liability is disputed
- Your injuries
- The extent to which your injuries have disabled you from working and resuming your other normal, pre-accident activities
- The medical care treatment you currently need and will need in the future
- The present and future costs of your medical care
- Your pain and suffering
- The income and wages you have already lost – and the amount that you are expected to lose in the future due your injury-related disability
- How much liability insurance coverage the negligent property owner has available – as well as his or her financial resources and assets
Detroit Slip and Fall Attorneys FAQs
Here we address the questions that people most frequently ask. We hope our answers are helpful to you and your family. However, if you still have additional questions or questions we have not answered, we hope you will reach out to us. You can call us anytime for a free consultation.
What should you do after a slip and fall accident?
First thing: Get medical attention for your injuries. Next, you need to document the scene and report your accident to management – and make sure you get a copy of your accident report. Then, reach out to an experienced Detroit personal injury attorney specializing in slip and fall accidents.
Should I get an attorney for a slip and fall?
If you’ve been injured in a slip and fall accident – or if your loved one has suffered fatal injuries due a slip and fall – then you should get a Detroit slip and fall attorney. An experienced attorney who specializes exclusively in this area of the law will have the “know how” to get you full compensation for your injuries and recover the best possible settlement in your case.
How long do slip and fall settlements take?
There is no set amount of time that it takes to settle a slip and fall case. However, cases will generally take 6 months to a year to settle if a lawsuit has not been filed. Once a lawsuit has been filed, the settlement may not occur for one to two years, depending on the backlog of cases in the court where the lawsuit was filed.
Do most slip and fall cases settle out of court?
Many slip and fall cases do settle out of court, meaning that they settle before a lawsuit is actually filed in court. However, many cases also settle after a lawsuit has been started, usually after the discovery process and depositions have been completed, but before the case actually goes to trial.
Get a Free Consultation With A Metro Detroit Farmington Hills Slip and Fall Lawyer Now
To speak with an experienced attorney about your case, call us now or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re here for you 24 hours a day, 7 days a week. We can answer all your legal questions about Michigan’s slip and fall law and explain how we can make the law work for you.
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