Written by Maurice Davis
Whether you’re at a business or a guest at someone’s home, you should feel safe. When there are hazards around, the chance for an injury increases. Falls are unexpected, but if the owner or host knew about a hazard and didn’t do their best to protect your safety, they should be held accountable for their negligence. Your case will be built on evidence, evidence that will be used to show that the property owner breached their duty and allowed you to fall and get seriously hurt. A Detroit slip-and-fall accident attorney will hear your story and help you investigate your claim and secure the evidence needed to get you the maximum compensation possible.
Call 313-462-7979 to contact Davis Injury Lawyers, PLLC to get started.
What Do I Have to Prove in a Detroit Slip & Fall Case?
Michigan slip-and-fall cases are a type of premises liability claim. That means the injured person must prove that the property owner was negligent. The law doesn’t hold owners responsible for every accident on their property, but it does require them to take reasonable steps to protect lawful visitors.
Elements of a Michigan Slip & Fall Case
In practical terms, that means showing four things: the owner had a duty to keep the property safe, they failed in that duty, that failure caused the accident, and you suffered damages as a result. These elements may sound straightforward, but disputes usually arise over whether the owner had enough notice of the hazard and whether the condition was unreasonably dangerous. Evidence like inspection logs, witness accounts, and photographs often decide these questions.
What Kind of Evidence Can Help My Slip & Fall Claim?
A slip-and-fall case is only as strong as the proof supporting it. Useful evidence includes:
- Photos or videos of the hazard: Capturing the scene right after the accident prevents the owner from denying it existed.
- Surveillance footage: Many businesses record customer areas, and this footage can reveal how long a hazard was present and whether staff ignored it.
- Witness statements: Independent accounts from people who saw the fall or noticed the condition before you fell can carry weight.
- Incident reports: If you reported the fall to a store manager or landlord, those documents establish a record.
- Medical records: These show the extent of your injuries and connect them directly to the fall.
A personal injury attorney can also take formal steps to preserve evidence, making sure video footage or records don’t disappear. The earlier this is done, the stronger your case.
Why Are Slip and Falls So Dangerous?
Slip-and-fall accidents often leave victims with more than just bumps and bruises. Many result in serious injuries that require surgery, rehabilitation, and long-term treatment.
Fractures are among the most common. A broken hip, wrist, or ankle can make even basic movements painful and limit mobility for months. Back injuries may cause herniated discs or nerve damage, leaving victims with chronic pain. Head trauma is especially dangerous—concussions and traumatic brain injuries can affect memory, mood, and overall brain function long after the fall.
The effects extend beyond health. Medical bills quickly add up, and recovery often means missed work. For some, the accident permanently reduces their ability to earn a living. The emotional strain of losing independence or relying on others for daily care can be just as hard to bear as the physical injuries.
What Kind of Challenges Happen in Slip & Fall Cases?
Property owners rarely accept responsibility without a fight. Their insurers use several common defenses, including:
- Open and obvious condition: Arguing that the hazard was so visible that you should have avoided it.
- Lack of notice: Claiming they didn’t know about the condition and didn’t have time to correct it.
- Comparative negligence: Suggesting you were partly responsible, which can reduce your compensation under Michigan law.
These defenses can’t always be avoided, but they can be countered. For example, an icy patch in a poorly lit parking lot may not be as obvious as the defense claims. Or inspection logs might show that the owner ignored the area for days. An experienced lawyer knows how to use facts like these to shift responsibility back where it belongs.
What Kind of Compensation Can I Get in a Slip & Fall Accident?
The compensation available in a slip-and-fall case depends on the seriousness of your injuries and how they affect your life. Victims may be entitled to recover both economic and non-economic damages, such as:
- Medical expenses: Coverage for emergency care, hospital stays, rehabilitation, and any future treatment you will need.
- Lost wages: Reimbursement for time you missed at work during recovery.
- Loss of earning capacity: Compensation if your injuries prevent you from returning to the same type of work.
- Pain and suffering: Damages for the physical pain and discomfort caused by the accident.
- Emotional distress: Anxiety, depression, or loss of enjoyment of life brought on by the accident.
- Permanent disability or disfigurement: Additional damages for life-altering injuries that limit independence or cause lasting changes.
The goal is to make sure you are not left carrying the burden of an accident caused by someone else’s negligence.
Slip & Fall Claims FAQs
How long do I have to file a slip-and-fall lawsuit in Michigan?
Most claims must be filed within three years of the accident. Missing this deadline usually means losing your right to compensation.
What causes slip and fall accidents in Detroit?
Slip and fall accidents can happen for a number of reasons. There could be a broken sidewalk in front of a business, lack of signage around construction projects, icy winter conditions, poorly lit areas, and even spilled liquids. Some businesses, like restaurants or grocery stores, could be likely properties where these accidents happen.
What if I was partly at fault?
Michigan’s comparative negligence law allows you to recover damages even if you share some blame, but your award will be reduced by your percentage of fault.
Do these cases always go to court?
Not always. Many slip-and-fall claims are settled through negotiations with insurance companies. But if the property owner refuses to pay fairly, your lawyer will take the case to trial.
What if the owner fixed the hazard after my fall?
Repairs after the fact don’t erase liability. In some cases, they show the owner knew the condition was unsafe.
Contact a Detroit Slip & Fall Lawyer Now
A slip-and-fall accident can change your life in seconds, leaving you with serious injuries, medical bills, and lost income. Property owners and insurers will do everything they can to avoid paying, but you don’t have to face them alone.
The attorneys at Davis Injury Lawyers, PLLC are ready to stand by your side. We will investigate your accident, collect the evidence you need, and fight for the full compensation you deserve.
Call 313-462-7979 today for a free consultation. The sooner you reach out, the sooner we can begin protecting your rights and working toward your recovery.