If you were seriously hurt in a slip and fall at a business in Michigan, you are likely entitled to recover pain and suffering compensation, payment of medical bills and lost wages, and other economic loss damages.
Any business that opens its doors to customers in Michigan must take steps to ensure the property is in reasonably safe condition, whether it’s a large nationwide chain or a small local store. In Michigan, if a slip and fall occurs as a result of negligence, then that business can be held liable and responsible for the harms and losses caused.
One of the most important things you can do if you’ve been hurt at a business is to hire an experienced premises liability attorney who has the knowledge and skill to get the best possible settlement outcome for you and your family. The attorneys at Michigan Slip and Fall Lawyers are here to help both in Michigan and throughout the U.S.
Our attorneys are nationally recognized and specialize exclusively in slip and fall litigation. We also co-counsel with the best slip and fall lawyers throughout the country, so if your accident occurs outside Michigan we can still help you or help you to find a lawyer who truly knows this area of law and who shares the same high professional and ethical standards that we do.
Call now for a no-cost, no obligation, free consultation with one of our experienced slip and fall lawyers.
When Is A Business Owner Liable For A Slip And Fall In Michigan?
In Michigan, a business owner is legally responsible for your injuries if your slip and fall was caused by their failure to make their premises safe because they have a duty “to exercise reasonable care to protect invitees from an unreasonable risk of harm caused by a dangerous condition of the land.”
An “invitee” is anyone whom the business owner invites onto the property to do business with the owner.
In its 2000 decision in Stitt v. Holland Abundant Life Fellowship, the Michigan Supreme Court ruled that a property owner’s duty to make his or her premises safe for invitees requires the owner to do the following:
- Inspect the premises
- Make necessary repairs
- Warn invitees of any known or discovered hazards
Should I Sue The Landlord Or The Business Owner?
In Michigan, you may be able to sue both the landlord and the business owner for your slip and fall injuries. Depending on the circumstances, they both may have had a duty to make the business’s premises safe for customers like you.
The person or entity who has both possession of and control over the property is the person or entity who has the duty to exercise reasonable care to protect invitees from an unreasonable risk of harm caused by dangerous or hazardous conditions on the property.
However, under Michigan law, more than one person or entity can have possession and control such as in a landlord-tenant situation. Accordingly, more than one person or entity may have the duty to make the premises safe for invitees.
Common Causes Of A Slip And Fall At A Business
Common causes of injuries at a business include:
- A slippery substance on the floor
- An object left in an area where customers walk
- Torn carpet, broke tiles, uneven pavement, and other floor hazards
- Insufficient lighting
- Damaged stairs or broken handrails
How Does A Business’s Liability Compare To A Private Property Owner’s Liability?
In Michigan, a business’s liability for an invitee’s slip and fall injury on its property is the same liability that a private property owner has. Every property owner – whether it’s a business or private person – has a duty to inspect his or her property and make it safe for the people who are invited onto the property to do business with the owner.
That said, a business’s liability exposure is going to be considerably higher than a private owner’s because there will be significantly more people entering onto the business’s property to do business there than there will be on a private person’s property.
Rights Of An Invitee
A business invites people onto their property specifically to shop and conduct business. These people are considered “invitees” under the law and businesses have a duty to make the business safe for invitees by inspecting the premises, making any necessary repairs, and warning customers of any dangers they discover.
In its 2000 decision in Stitt v. Holland Abundant Life Fellowship, the Michigan Supreme Court ruled that an “invitee” is “‘a person who enters upon the land of another upon an invitation which carries with it an implied representation, assurance, or understanding that reasonable care has been used to prepare the premises, and make [it] safe for [the invitee’s] reception.’” (Stitt v. Holland Abundant Life Fellowship, 462 Mich. 591, 596-97 (2000))
What Are The Elements Of A Michigan Slip And Fall Lawsuit Against A Business Owner?
In Michigan, a slip and fall lawsuit against a business first requires proof of negligence.
To prove negligence under Michigan’s premises liability laws, a person must show that:
- The business had a legal duty toward the customer – A business has a duty to exercise reasonable care to protect invitees (people who are invited to enter the property for business purposes) from an unreasonable risk of harm caused by a dangerous condition of the land.
- The business breached that duty – A breach of this duty occurs when the business fails to protect invitees from an unreasonable risk of harm caused by a dangerous condition of the land.
- The breach was the actual cause of the customer’s injury – You must show that but for the defendant’s actions, the injury would not have occurred, and that the breach was sufficiently related to the injury to assign legal culpability to the business.
- The customer suffered an actual injury because of the breach – This is usually in the form of physical injury.
Types of Negligence
There are generally two types of negligence – ordinary negligence and gross negligence. Typically, a slip and fall accident will only involve ordinary negligence, which requires proof of the four elements noted above.
Gross negligence may come into play if the person at-fault for causing a slip and fall accident is a governmental employee. In that case, to win a lawsuit, the victim would need to show that the governmental employee’s “gross negligence” was “the proximate cause of the [victim’s]injury or damage.” (MCL 691.1407(2)) “Gross negligence” is defined as “conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.” (MCL 691.1407(8)(a))
Proving Negligence Against A Business In A Slip And Fall Claim In Michigan
In Michigan, proving that a business was negligent in your slip and fall generally requires evidence to establish your claim.
Some common types of evidence that an attorney in Michigan might use to establish a claim of negligence include:
- Photos and videos recorded by you or a witness at the accident site
- Eyewitness statements.
- A slip and fall incident report
- Your medical bills
- Notes that you made about the accident and the injuries you sustained, including daily pain levels and inability to work.
Is It Worth Hiring A Lawyer?
In Michigan, hiring an experienced slip and fall attorney is one of the most important things you can do if you have been injured in a slip and fall at a business. And it should be done quickly as gathering time-sensitive evidence (incident reports, videos, photos, witness statements, etc.) is of the utmost importance.
The attorneys at Michigan Slip and Fall Lawyers are here to help, and we never take a fee unless you win. Whether your slip and fall injury occurred at a business in Michigan or anywhere throughout the United States, we can help. Unlike general practice personal injury law firms that only dabble in slip and fall and premises liability cases, our lawyers specialize exclusively in litigating and winning those cases. Call us now for a no-cost, no-obligation, free consultation. Hiring a lawyer who can protect your rights and maximize your settlement is critical to your success in getting the compensation you and your family deserve.
Injured in a slip and fall at a business in Michigan? Call now!
If you were injured in a slip and fall at business in Michigan, call now (855) 905-0332 for a free consultation with one of our experienced slip and fall lawyers. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.
The attorneys at Michigan Slip and Fall Lawyers are here to help you and your family fight to get the best possible legal settlement for you and your family. Call now for a no-cost, no obligation, free consultation with one of our experienced lawyers to discuss your legal rights to pain and suffering compensation and to money damages to help you and your family pay your medical bills and make up for the wages you’ve lost because your injuries have disabled you from working.