Premises Liability Claims

Millions of people are injured each year by slipping, tripping or otherwise falling due to a dangerous condition in a building or on a property. These incidents can happen inside or outside a building and are caused by hazards such as wet floors, decaying steps, faulty construction and other types of defects.

Michigan premises owners, including homeowners and building owners, owe a duty to keep their premises in a reasonably safe condition and to protect against an unreasonable harm caused by dangerous conditions on the land.

Depending on a visitor’s status in relation to the land owner at the time of the injury, the level of care owed will vary. For instance, business invitees, such as store patrons, are owed the highest level of care, while trespassers are owed little to no care. Licensees, such as social guests, are provided more protection than a trespasser but less than an invitee.

In general, the most common premises liability cases are:
Slip and fall incidents at business establishments, apartment communities and private homes by slippery substances such as water or ice; trip and fall incidents at business establishments or private homes caused by uneven floor surfaces, hidden trip hazards and defective sidewalks or flooring. Construction site accidents are also common and occur due to the negligence of general contractors or sub-contractors.

What Is “Notice” and Why is it Important?
For a building owner to be held liable for his negligence, he must have actual or constructive “notice” of the dangerous condition. This simply means the owner knew, or should have known, about the dangerous condition before the accident happened. Establishing notice is critical in these cases and can mean the difference between winning or losing your case.

What should you do if injured from a Slip and Fall?

If you are injured due to a fall, and you believe it was due to the negligence or fault of somebody else, you should take the following action:

  • Seek medical attention promptly. Putting off medical treatment can make it more difficult to relate your injuries to your fall. Be sure to tell the doctor when, where and how you were hurt.
  • Obtain as much information about what caused you to fall as possible. If you are able to take photographs of the defective area, that will help. Take several photos from different angles and distances. Make sure the photos are clear and accurate.
  • Obtain the names and telephone numbers of witnesses. Also, note the conditions in the area at the time of the fall. For example, was a downspout discharging water onto the pavement and freezing, causing you slip and fall?
  • You should also make note of other information surrounding the circumstances of the fall to help you remember information going forward.
  • Notify the owner or manager of the premises that was negligent. Explain that you were hurt and how it happened. Do NOT, however, provide a written statement to the owner or manager, or sign any documents. Most importantly, do NOT talk to an insurance representative of the building owner or manager without first contacting an attorney.

There are legal deadlines, or “statutes of limitation” that prescribe the amount of time you have to file a lawsuit in a slip and fall case. It is important to contact a lawyer as soon as possible to protect your legal rights.

The attorneys at Sucher Legal are experts in Michigan slips and falls and Michigan trips and falls law. We will help you get the compensation you deserve.

We have been representing individuals injured in premises accidents for over 30 years. When you get paid, we get paid. If we don’t collect, you pay no fee. Let us help you today.

Have Questions?

Let attorney Mark Sucher answer your questions with a free consultation.