When a building is not properly maintained for an area that is not properly kept to the standards that are set by the locality or by the state, accidents may happen. While accidents may not be wanted by any person, especially the person who owns the property, they can easily be prevented.
The prevention of causing accidents to individuals is one of the main responsibilities of a building owner or a property owner. This is why slip and fall injuries are penalized in the state of Michigan as well as anywhere else in the United States.
If you have been in an accident that could have been prevented, we know how frustrating it can be. Here at Haque Legal, Southfield slip and fall lawyers’ goal is to make sure that you are compensated for a slip and fall injury that you may sustain.
To begin, let us look at the common slip and fall injuries in Michigan and how you can deal with them.
Numbers Do Not Lie
We always like to begin with facts. According to the Center for Disease Control, the following are the facts that are known about slip and fall injuries in the United States:
- One out of every five falls would often result in a broken bone or a very serious head injury.
- Falls cause 95% of hip fractures.
- Other than car collisions, falls are the most common cause of traumatic brain injuries.
- The total medical cost of falls results in a staggering $50 billion.
Michigan Law on Slips and Falls
Under Michigan law, the owner of the property or even just the processor has the legal duty to make sure that every person is safe in their premises. The business or the property owner will always be held liable for the payment of damages if a person is injured and it is proven that the cause of the injury is the dangerous condition of the property and the failure of the management or the ownership of the property to maintain it based on state standards.
Of course, the injured party needs to prove certain conditions to hold the property owner or manager liable for his injury.
What are the elements of Michigan slips and fall cases?
Michigan law requires the injured person to prove five elements. which is something that our personal injury lawyers in Southfield can help with.
Dangerous condition of the property
The most important element could be the dangerous condition that existed on the property. The dangerous condition need not be a permanent condition of the property and may just occur at the time of the accident.
For example, in the case of a slip and fall at a party when there is a person who slipped because the floor was wet, it is already considered a dangerous condition. This can be proven by testimonies of witnesses, some photographs and videos that prove that there is a slippery area at the time of the party that was not attended to properly by the homeowner or the property manager, and the injury itself.
Knowledge of the owner
To be liable for the negligence that caused the slip and fall case the owner of the property should know or should have known the condition of the property to be for the slip and the fall. This means that in the case of a slip and fall at a party the owner must have been previously informed about something spilled or that the person injured or any other person at the party should have informed the owner of the possibility of a person getting slipped by the floors.
The person is a guest and not a trespasser
There are some instances where a person experiences slip and fall not because of the negligence of the property owner but because the property owner intended for the person to slip or fall for self-defense because that person is trespassing or for property defense as part of their protective mechanism against intruders. It would have been highly and fair for the law to allow a property owner to pay for damages or a person who slipped or fell on his property when that person was injured as a trespasser or not even a guest at a party.
This is somehow a controversial part of the slip and fall law in Michigan. For example, if you are at a party and you have guests over when does the limitation of your liability and when does it begin. Is the party an exclusive one just for friends and for the people you know or is it one where people can bring their guest and you will also be liable for anything that happened to that guest?
Negligence of the property owner
There must be a showing that the property owner was negligent in the maintenance of the property and that he failed to repair the condition despite knowledge of the need for such a repair. The evidence for such negligence would include the repair records, some photographs, or even a video before the slip and fall that proves the negligence of the owner.
Such negligence can also be reported to one of our skilled premises liability lawyers in Southfield.
The injury caused to the person
Another important element of a slip and fall case in the state of Michigan would be that a person suffered an injury because of the dangerous condition. It must be that the injury was caused by the fault or was aggravated by the fall. The evidence proving such a condition would be the medical records as well as the testimony of the doctors that treated the individual injured by the slip and fall.
Let Haque Legal Help You
If you suffered a slip or fall or are being prosecuted for one, Haque Legal is here for you. Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you need help with filing for a slip and fall case, we are here to help. Our operators are always standing by to help you out.