Slip and fall accidents are a common occurrence in restaurants in Michigan. Big crowds, small spaces, dim lighting, slippery floors, dropped food, spilled drinks, and icy parking lots are among just some of the dangers customers face when dining out.
If you’ve been injured in a slip and fall in a restaurant in Michigan, there are several important things you should do: (1) seek medical treatment, (2) report your fall to the manager as soon as possible, (3) document the scene, (4) speak to any witnesses and get their contact information, and (5) hire an experienced slip and fall attorney.
Documenting your fall is critical to securing a great settlement or winning your case if it goes to trial. Most attorneys, even personal injury attorneys, do not know how to properly investigate and document a case and how to hire the experts who become so critical to getting a full and fair settlement, which is why hiring an attorney who specializes in slip and fall cases is a critical first step.
Call us at Michigan Slip and Fall Lawyers to find out how much your case may be worth in the hands of a skilled premises liability lawyer.
Michigan restaurant slip and fall statistics
According to the Michigan Retailers Association, Michigan is a top state for slip and fall accidents. And slip and fall accidents in restaurants are among the most common.
The Centers for Disease Control and Prevention’s tracking of slip and fall injuries shows that the number of such falls, and the seriousness of many of the injuries, is alarming. The statistics indicate that:
- More than 3 million people are treated in emergency rooms annually for slip and fall injuries
- More than 25% of injury victims are hospitalized
- One in every five falls results in a broken bone or a head injury, including traumatic brain injuries
- More than 95% of all hip fractures are caused by a slip and fall
What should I do after a slip and fall accident in a restaurant in Michigan?
- Seek medical treatment
- Report your fall to the restaurant manager
- Document the conditions that caused your fall
- Gather contact information from witnesses
- Hire an experienced lawyer
Seek medical treatment
Your health is your top priority, so seeking appropriate medical attention after a slip and fall should be the first thing you do. It is also an important part of your case as your doctor will document your injuries and connect them to your slip and fall. In addition, many injuries do not manifest until long after your fall, which is why you should pay attention to your symptoms and follow your doctor’s instructions carefully.
Report your fall to the restaurant manager
After a slip and fall in a restaurant in Michigan, as soon as possible, you or someone with you at the time of your fall, should notify the property owner or manager. Do not leave the restaurant without filling out an accident or incident report. This is crucial to your ability to prove that your fall occurred. It will prevent the restaurant from claiming you’re making the whole thing up.
Document the conditions that caused your fall
In addition, if possible, you and/or someone with you at the time of your fall, should document the scene. Take pictures or video of the location of your fall and the surrounding area, including the condition that caused your fall. Additionally, take photos or videos of any surveillance cameras that may have recorded your fall. Documenting the presence of the cameras will allow your lawyer to request the footage to use to prove your case.
Gather contact information from witnesses
Find out the names and contact information of the witnesses to your fall. There are many potential witnesses in a restaurant: (1) people you’re with, (2) other diners, (3) servers, (4) bartenders, (5) busboys, (6) hosts/hostesses, and (7) the manager on the floor.
Hire an experienced lawyer
It is crucial that you hire an experienced slip and fall attorney to protect your rights and help you get the compensation and damages you’re legally entitled to. A lawyer who specializes in this area of the law and has a track record of securing winning verdicts and settlements for his or her clients will be the best for you and your case because that attorney will likely be able to get you more money in your settlement and faster than less experienced general practice personal injury lawyers.
Who is liable if you have a slip and fall accident at a restaurant in Michigan?
Generally, the person or entity who is liable if you have a slip and fall accident at a restaurant in Michigan will be whoever had possession of and control over the property. Typically, this may include the owner of the dining establishment, the restaurant owner (which could be a person or a corporation), the manager of the restaurant, or responsible third-parties, such as maintenance companies that are outsourced to clean and maintain facilities or snow removal companies who are responsible for clearing icy parking lots.
For example, the property owner’s failure to take reasonable care to protect customers from the dangers of a parking lot or sidewalk covered in snow and/or ice may be liable for a resulting slip and fall. Similarly, a restaurant manager’s failure to take care of a dangerous condition or warn customers of the condition could render the property owner and the restaurant owner liable for any injuries that occur.
What causes a slip and fall in a restaurant?
- Food on the floor
- Beverages on the floor
- Ice cubes on the floor
- Grease spills
- Recently mopped floors
- Failure to use “wet floor” signs
- Lack of slip-resistant floor mats
- Improper use of cleaning products
- Torn carpet
- Damaged flooring
- Uneven flooring
- Inadequate lighting
- Damaged, cracked or uneven parking lots or exterior walkways or stairs
- Snow and ice on parking lots, exterior walkways or stairs
Can I file a slip and fall restaurant lawsuit in Michigan?
In Michigan, you can file a lawsuit after being injured in a slip and fall accident in a restaurant. Plus, your likelihood of success has increased dramatically thanks to recent changes in the law which requires restaurants “to exercise reasonable care” to protect customers from “an unreasonable risk of harm caused by a dangerous condition” on the property.
Under Michigan law, to succeed in a negligence case for a slip and fall in a restaurant, you must prove the following elements:
- Duty: Restaurant owners and property owners have a duty to protect their customers from dangerous conditions within the restaurant and anywhere on the property, which includes anticipating the harm that could result from a hazard that is seemingly open and obvious.
- Breach: If the restaurant has failed to maintain the premises in reasonably safe condition, or failed to warn customers of a dangerous condition, then the restaurant has breached a duty to its customers.
- Causation: You also have to “link” your injury to your fall. This means that “but for” the restaurant’s negligent conduct, i.e., breach of its duty to protect customers, you would not have fallen and suffered an injury.
- Injury: To recover through a settlement or a trial verdict in a slip and fall case, you must be able to show “damages.” Damages come in a variety of forms, from medical bills and lost wages (economic damages) to pain and suffering (noneconomic damages).
Michigan restaurant slip and fall settlements
In Michigan, the amount of money you’ll recover in your settlement after being injured in a slip and fall in a restaurant will depend on several key factors:
- Your injuries
- The medical care you currently need
- The medical care you’ll need in the future
- The wages you have already lost because you can’t work
- The wages you will continue to lose in the future
- Your pain and suffering
- The extent to which you can’t do the things you did before your fall
- The strength of your evidence proving the property owner was at-fault
- The policy limits of the property owner’s liability insurance
- The experience, reputation and track record of your attorney
Hiring an experienced and skilled Michigan attorney who specializes in premises liability cases involving injuries resulting from a slip and fall in a restaurant is a critical factor when it comes to making sure your settlement reflects the true value of your pain and suffering and economic damages.
Insurance companies keep tabs on lawyers. They know who the lawyers are who are serious and specialize in these cases. And they know who the lawyers are who take these cases on a whim and hope to get lucky. As a result, the insurance companies know who they can push around and take advantage of and who they can’t.
You need a lawyer who the insurance companies know will stand up to them and fight until their client gets the best possible settlement. These attorneys can usually win settlement amounts for significantly more money and often much faster than the attorneys who lack their experience, track record, and resolve.
Injured in a slip and fall accident in a restaurant in Michigan? Call an experienced lawyer now!
The stakes are high for you and your family if you’ve been seriously injured as a result of a slip and fall accident in a restaurant in Michigan and our lawyers can help. 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 slip and fall lawyers to discuss your legal rights under the law 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. To speak with us about your injury, call us now, or fill out our contact form for a free consultation.