In Michigan, if you experience a slip and fall on snow and ice, it’s important to prioritize your health by seeking medical care, even for minor issues. Be sure to report the incident to the property owner, document the scene with photos, and, if possible, gather witness information. Consulting with an attorney can help you understand your rights and guide you through potential premises liability claims.

In Michigan, if you’ve been injured in a slip and fall on ice and snow, you may be entitled to recover compensation with the help of an experienced lawyer. Property owners have a duty to protect you from wintry conditions. When they don’t, and you are injured as a result, they can be held responsible. 

For nearly twenty years, property owners could escape responsibility.  

But no longer. The law in our state was changed in 2023, and victims of slip and falls due to wintery conditions now have important new legal rights when property owners fail to make their property safe.  

If you or a loved one has been seriously injured in an accident due to wintry conditions, it is more important than ever to talk to an experienced lawyer who specializes in premises liability law.  

The law is now on your side.

And so is our team of attorneys.

What is the law for an injury due to wintry conditions?

“A possessor owes an invitee the duty to use reasonable care to protect against hazards arising from a natural accumulation of ice and snow on the property. The duty requires the possessor to take reasonable measures within a reasonable time after an accumulation of ice and snow to diminish the hazard of the injury to the invitee.”

What are the factors that determine liability in a slip and fall on ice and snow case in Michigan?

Several factors determine liability in a slip and fall on ice and snow case in Michigan, and understanding each one is crucial to evaluating whether a property owner can be held responsible. Liability often depends on whether the owner was negligent in addressing icy and snowy conditions, how much time had passed before they attempted to clear the area, the specific weather conditions at the time of the fall, and how our state’s premises liability laws apply to the situation. Let’s take a closer look at each of these factors and how they can impact your claim.

Negligence in addressing icy and snowy conditions

A slip and fall on ice and snow in Michigan may lead to a premises liability claim if the property owner was negligent in removing the hazardous conditions. Property owners have a duty to take reasonable steps to clear ice and snow within a reasonable amount of time. Failing to salt, shovel, or warn visitors about dangerous areas can be considered a breach of that duty and may establish liability.

Negligence in addressing icy and snowy conditions is evaluated by looking at what actions the owner took (or failed to take) before the fall occurred. If they ignored obvious hazards or did not follow normal maintenance practices, they may be held responsible for the resulting injuries. Evidence such as maintenance logs, surveillance footage, or witness testimony can help show that the owner failed to act reasonably under the circumstances.

Timing in clearing the area

A slip and fall on ice and snow in Michigan may hinge on how quickly the property owner cleared the hazardous area. Even if they eventually took action, delays in shoveling, salting, or otherwise addressing the wintry conditions can be considered negligence. Courts examine whether the timing was reasonable under the circumstances.

Liability often depends on how long the dangerous conditions were left unaddressed. Property owners who act promptly after a storm may avoid responsibility, while those who wait too long may be held accountable for injuries. Evidence like maintenance logs, weather reports, and witness statements can help show whether the owner responded within a reasonable timeframe.

Premises liability laws

A slip and fall on ice and snow in Michigan can involve premises liability laws, which govern a property owner’s responsibility to maintain safe conditions. Under these laws, owners must take reasonable steps to address hazards, and failing to do so within a reasonable time after a storm can create liability for injuries.

Premises liability considers factors like the property type, whether the hazard was foreseeable, and how quickly the owner acted to correct dangerous conditions. Even short delays in addressing ice or snow can impact a claim, and evidence such as maintenance records, photographs, or witness accounts can help determine if the owner met their legal obligations to keep visitors safe.

Statistics

Falls are one of the leading causes of preventable deaths and injuries, according to the National Safety Council. Falls make up 20% of preventable injury-related deaths annually and 33% of the preventable, non-fatal injuries. Falls are the top cause of traumatic brain injuries, according to the CDC.

The NSC reports that in 2021 – the most current year for which data is available – slip and falls resulted in approximately 45,000 preventable deaths and nearly 7.1 million preventable, non-fatal injuries.

Every year, 3 million people who are 65 years of age or older are treated in hospital emergency departments for slip and fall injuries, according to the CDC.

The most current data available from the U.S. Bureau of Labor Statistics shows that in a one-year period, falls, slips and trips in the construction industry resulted in 418 deaths and 25,460 non-fatal injuries.

Falls are the second leading cause of fatal injuries in our state, according to the State Department of Community Health. Unfortunately, fatal falls have been increasing annually for the last 11 years. In 2021, the most recent year for which data is available, there were 1,542 fall-related deaths in our state which was the highest number between 2011 and 2021.

Slip and fall on ice and snow injuries

The injuries most commonly suffered in a slip and fall on ice and snow include: (1) traumatic brain injuries (TBI); (2) skull fractures; (3) brain bleeds; (4) spinal cord injuries; (5) fractured vertebrae; (5) broken bones; (6) injuries to the eyes, nose, teeth and jaw; and (7) knee injuries (torn MCL or ACL).

Simultaneously with those injuries, slip and fall victims will frequently suffer: (a) nerve damage; (b) mental trauma; (c) depression; and (d) chronic pain.

What to do if you slip and fall due to wintry conditions

Immediately after a slip and fall on ice and snow in Michigan, it is important to act quickly: 

Seek medical attention immediately

A slip and fall on ice and snow in Michigan can result in injuries that aren’t always immediately obvious. Even if you feel fine, internal injuries, sprains, or head trauma may develop hours or days later. Seeking prompt medical attention ensures proper diagnosis and treatment, which can prevent complications and speed recovery.

Immediate medical care also creates a documented record of your injuries, which is essential if you decide to pursue a premises liability claim. Doctors can provide treatment plans, note the severity of your condition, and generate reports that clearly link your injuries to the fall. Acting quickly protects both your health and your legal rights.

Report the incident

A slip and fall on ice and snow in Michigan should be reported to the property owner or manager immediately. Reporting the incident creates an official record, helps document hazardous conditions, and can protect your rights if you later need to file a claim for injuries or damages.

Notifying the property owner promptly also allows them to investigate the cause, gather witness statements, and address unsafe conditions to prevent future accidents. Proper documentation, including incident reports and photos, strengthens any potential premises liability claim and ensures there is an accurate record of what happened.

Document the scene

A slip and fall on ice and snow in Michigan should be carefully documented at the scene. Taking photos of the icy area, any nearby hazards, and your injuries provides clear evidence of the conditions that caused your fall. Proper documentation strengthens your case if you pursue a claim.

Gathering witness contact information and noting details like weather, time, and location can further support your account of the incident. Thorough documentation helps your lawyer accurately assess liability, ensures a more complete record for insurance purposes, and increases the chances of a successful premises liability claim.

Collect witness information

A slip and fall on ice and snow in Michigan can be better documented by collecting witness information at the scene. Eyewitnesses can provide unbiased accounts of the conditions and how the fall occurred, which can be critical in supporting your claim and establishing liability.

Getting names, phone numbers, and statements from anyone who saw the incident can strengthen your case with insurance companies or in court. Witness accounts help corroborate your story, clarify details that may be forgotten over time, and provide valuable evidence if disputes arise about the circumstances of your fall.

Preserve evidence

A slip and fall on ice and snow in Michigan requires preserving evidence to protect your rights. Keeping items like damaged clothing, footwear, or personal belongings involved in the fall, along with photos of the scene, ensures there is concrete proof of the conditions and impact of the accident.

Preserving evidence allows your lawyer or insurance company to accurately assess liability and the extent of your injuries. It helps establish a clear connection between the hazardous conditions and your damages, strengthens any potential premises liability claim, and prevents important details from being lost or altered over time.

Consult with a lawyer

A slip and fall on ice and snow in Michigan can quickly become complicated when it comes to proving liability and seeking compensation. Consulting with a lawyer right away helps you understand your legal rights and the steps you need to take to strengthen your claim. An experienced attorney can evaluate the facts, advise you on our state’s premises liability law, and protect you from making mistakes that could hurt your case.

A lawyer can also communicate with insurance companies on your behalf, gather and preserve crucial evidence, and accurately calculate the value of your losses, including medical bills, lost wages, and pain and suffering. By having a knowledgeable advocate in your corner, you improve your chances of securing fair compensation and ensuring that the negligent property owner is held accountable.

To learn more, here are the 8 steps you should take after a slip and fall accident. 

Remember, slip and fall cases are very different from other areas of personal injury law. Most of these cases require an extensive liability investigation as soon as possible in order to proceed. Waiting weeks or months is fine for other types of injury cases, but it can be fatal to proving your slip and fall case.

Where can slip and falls due to wintry conditions occur?

A slip and fall in Michigan can occur just about anywhere where there is ice and snow, but the most common places for these accidents to happen are businesses and commercial retail stores, apartment complexes, work or places of employment, parking lots, and gas stations. Landlords and owners must remember their duty to protect invitees from ice and snow hazards.

Slip and fall on ice at apartment complex in Michigan

In Michigan, for a slip and fall on ice and snow at an apartment complex, you may have a premises liability claim against the property owner based on negligence. Additionally, a tenant may have a breach of contract claim against the landlord for failing to keep the common areas “fit for the use intended.” (MCL 554.139(1)(a))

State law requires that in “every lease or license of residential premises, the lessor or licensor covenants . . . [t]hat the premises and all common areas are fit for the use intended by the parties.” (MCL 554.139(1)(a))

In Allison v. AEW Capital Management, LLP, a case involving a slip and fall on snow and ice in an apartment complex’s parking lot, the Michigan Supreme Court stated the following about breach of contract claims brought under MCL 554.139(1)(a):

• A slip and fall victims’ recovery against the landlord “would consist exclusively of a contract remedy.”
• The “common areas” that a landlord must keep fit for intended use are “those areas of the property over which the lessor retains control that are shared by two or more, or all, of the tenants,” such as parking lots and sidewalks.
•  A landlord’s duty to keep the common areas “fit for the use intended” extends to “the natural accumulation of snow and ice” in a parking lot or sidewalk within the apartment complex.
• A claim under the statute may only be brought by a tenant. A non-tenant cannot make a claim because the contractual duty created by the statute only applies to the landlord and the tenant – the two parties that are bound by a contractual relationship, i.e., the lease.

To keep common areas in an apartment complex “fit” for their intended use, the landlord, property owner or manager may need to take the following steps regarding ice and snow: (1) shoveling; (2) de-icing; and (3) salting. 

Slip and fall on ice at work in Michigan

In Michigan, when you suffer a slip and fall on ice and snow at work, you will be able to file a Worker’s Compensation claim against your employer. These benefits will help you pay for your medical care and make up for wages you’ve been unable to earn. Depending on the laws of your state, you will likely be unable to sue your employer for pain and suffering compensation.

However, if the negligence of someone other than your employer – or a co-worker – was the cause of your injury from an accident on a slippery surface due to wintry conditions, then you may be able to sue the responsible third-party for compensation for your pain and suffering.

Employers have a responsibility to make sure the work space is safe for all employees. This includes removing ice and snow from parking lots, walkways, sidewalks, and other areas where employees may walk. Failure to fulfill this duty can lead to slip and fall injuries and potential legal consequences for the employer.

Slip and fall on ice in parking lot in Michigan

In Michigan, a key issue in bringing a claim after a slip and fall on ice and snow in a parking lot is that you qualify as an “invitee” of the property owner, i.e., that you were a customer of the business that owns and manages the parking lot. If you’re not, then you’re owed no duty to be protected against ice and snow hazards.

To qualify as an “invitee,” a person must have been “invited” onto the owner’s property for the owner’s “commercial purposes,” i.e., for the invitee to conduct business with owner such that there is the “prospect of pecuniary gain” for the property owner.

In other words, if you just happen to park in a business’s parking lot and don’t go into the business or you go to another business, then you may be unable to bring a premises liability claim against the property owner.

Slip and fall on ice at gas station in Michigan

In Michigan, it is important to remember that when you as a customer suffer a slip and fall on ice and snow at a gas station, the property owner – which may be the oil and gas company or a franchisee – owes you a duty to take “reasonable measures” to diminish the hazard that the accumulation poses to invitees like you.

Gas stations typically have concrete surfaces that can become slippery when covered in ice or snow. It is the responsibility of the gas station owner to keep the premises safe for customers, including clearing ice and snow to prevent accidents.

Michigan slip and fall on ice lawsuit

A Michigan Supreme Court ruling in 2023 helps people who need to file a lawsuit after suffering a slip and fall on ice and snow. No longer can negligent property owners get lawsuits dismissed by blaming their victims for their injuries. When a hazard is “open and obvious,” a property owner must anticipate the harm.

Previously, property owners and insurance companies had misconstrued law to convince courts that property owners owed no duty to protect customers and other invitees from dangerous conditions on their land if the dangers were “open and obvious.” This resulted in many legitimate cases being tossed out of court and many slip and fall victims wrongfully being denied justice.

Now, when there’s a so-called “open and obvious” danger on a property owner’s premises, the courts will inquire whether the property owner should have anticipated the harm that befell the slip and fall victim in determining whether the property owner breached his or her duty to invitees.

What types of compensation can I get from a slip and fall on ice and snow in Michigan?

In Michigan, you may be entitled to several types of compensation after a slip and fall on ice and snow, depending on the severity of your injuries and the circumstances of the incident. These may include medical expenses, lost wages, pain and suffering, damage to personal property, and even punitive damages, which are discussed in more detail below.

Medical expenses

A slip and fall on ice and snow in Michigan can result in costly medical bills, from emergency room visits to ongoing treatment. To get your medical expenses covered, it’s important to seek care immediately and keep copies of all records, bills, and treatment plans. Prompt documentation helps establish a clear link between your injuries and the fall and gives insurers less room to dispute your claim.

You may be able to recover compensation for doctor visits, hospital stays, physical therapy, prescription medications, and future medical needs through a premises liability claim against the responsible property owner. A lawyer can help gather evidence, work with medical experts to calculate future expenses, and negotiate with insurance companies to make sure all necessary treatment costs are fully covered.

Lost wages

A slip and fall on ice and snow in Michigan can leave you unable to work for days, weeks, or even longer. To recover lost wages, it’s essential to document the time you missed from work and obtain verification from your employer. Pay stubs, timesheets, and a letter confirming your absence can be used to prove the income you would have earned had the fall not occurred.

In addition to past lost wages, you may also be entitled to compensation for reduced earning capacity if the injury limits your ability to work in the future. Your lawyer can help calculate the total financial impact, gather supporting documentation, and negotiate with the insurance company or pursue a lawsuit to recover the full value of your lost income.

Pain and suffering

A slip and fall on ice and snow in Michigan can cause long-lasting physical pain and emotional distress that go far beyond medical bills and lost wages. To pursue pain and suffering compensation, it’s important to document how the injury has affected your daily life. Keeping a journal of your pain levels, emotional struggles, and limitations can help establish the full impact of your injuries.

Unlike economic damages, pain and suffering is subjective and often requires strong supporting evidence. Medical records, mental health treatment notes, and testimony from family or friends can all help demonstrate the extent of your physical and emotional hardship. An experienced attorney can present this information effectively and negotiate for a fair amount that reflects the true toll the accident has had on your quality of life.

Property damage

A slip and fall on ice and snow in Michigan can also result in property damage, such as broken phones, torn clothing, or damaged personal items. To recover compensation for these losses, you should photograph the damaged items, keep the items themselves if possible, and retain any receipts or proof of purchase to show their value at the time of the fall.

Documenting the condition of the items immediately after the incident helps connect the damage directly to the accident. You may include the cost of repair or replacement in your premises liability claim. An attorney can help you organize and present this evidence to the insurance company or court so that you can recover full compensation for your damaged property in addition to your other losses.

Michigan slip and fall on ice settlements

In Michigan, one of the most important factors that will determine how much you win in a slip and fall on ice and snow settlement and how fast you get your money is your choice of lawyer. Cases handled by experienced attorneys who specialize in slip and fall litigation – like our attorneys – setftle for more money and faster.

Other factors that will come into play in determining how much money you will get in your settlement include: (1) your injuries; (2) your current and future medical needs; (3) your current lost wages; (4) future lost wages if your injuries will continue to prevent you from working; and (5) your pain and suffering. 

Injured on someone’s property due to wintry conditions? 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 on ice and snow 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.