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, our Southfield slip and fall attorneys make sure that you are compensated for a slip and fall injury that you may sustain.
To continue our series of articles, let us look at the common slip and fall injuries in Michigan and how you can deal with them.
Defenses in a slip and fall lawsuit
The common defenses in a slip and fall lawsuit filed in Michigan would be the defenses that he gave any of the five elements that we have discussed in the previous part of this series.
In our experience, one of the main differences that are used today is the fact that the hazard would have alerted a reasonable person to prevent the hazard. Some lawyers in court argue that the hazard was open and obvious. The argument is that the hazard shows a condition that was bad and visible that the injured person should have seen it and avoided it. Depending on the situation the ports would often dismiss the case based on this defense.
For example, in sample cases, the homeowner would often use the defense that there are warning signs about certain areas in the house for that the guests were informed beforehand that they were not to be in that specific part of the house because it was under construction.
The defense here is that the condition of the area is open here and open to everyone who goes in the area. The question is, will a reasonable person with the knowledge that a specific situation is dangerous continue to go on that path risking slipping or falling? In this situation, if the injured party could have not avoided the hazard like the fact that there is no other place where there is no other route around it then the judge will not dismiss the case automatically.
When faced with this defense, we would use the argument that the condition was unreasonably dangerous. This is an open trade secret that you can always argue that the condition was unreasonably dangerous if you are on the part of the prescription.
What is this comparative negligence concept?
The state of Michigan has laws that cover comparative negligence. This means that the defendant can always argue that even if he may have been negligent on the slip or the fall or a part of the house or property that he failed to properly maintain, the injured party is also still at fault.
Comparative negligence is the concept that allows the party defending himself to impute a part of the blame to the person injured.
For example, if a person slipped at your house knowing and with the information that the floor is wet and slippery and continues to walk to that pass despite the other options and the other routes available to him negligence can be imputed to him as well.
This does not mean that the defendant would be coming off of the case without any damage but it means that the defendant and the person injured would have to divide the cause of the treatment properly.
Can I settle out of court?
Amity of the slip and fall cases or personal injury cases do not even go to trial. Most of the cases would result out of settlements that occur through settlement discussions or mediation. If you are a victim of a slip and fall and you are considering settling out of court we have another article that you can look at on your website about Settling Your Slip and Fall Case: The Facts in Michigan.
How long do I have to sue?
You have three years from the date of your fault to file a lawsuit under Michigan law. This is known as the statute of limitations.
In most fall injuries, if you would often automatically think that you would want to sue but if you are recuperating and trying to recover from the injury, you need a Southfield personal injury lawyer to get you started with the process.
What are the documents that I need to present?
As we have discussed in a part of this series you need to prove the presence of the five elements of the slip or the fall case. You need to present documents that are related to your injury and its treatment for the court to determine how much you were entitled to and you also need to present documents that prove the cost of injury.
In most slip and fall cases, some photos are related to your injury but it becomes hard to obtain photos that are related to what caused the injury especially since such evidence is under the control of the defendant. In which case this is where you need to go to court to get specialists and experts who can look at the property and see the cause of the injury.
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 or a premises liability claim in Southfield, we are here to help. Our operators are always standing by to help you out.