Injured? You May Need a Michigan Slip and Fall Accident Attorney
Let our slip and fall accident attorney team thoroughly research and document the parameters of your slip and fall accident lawsuit. If you’ve been injured in a Michigan slip and fall accident, a Cochran, Kroll Associates slip and fall accident lawyer may be able to deliver justice.
If you believe you are a victim, let a Michigan slip and fall accident attorney from Cochran, Kroll Associates fight for your rights. Click here for a free consultation or call 866-868-3779 and ask for Terry Cochran or Eileen Kroll to help you with your slip and fall accident lawsuit.
Older Americans and Children are Especially Vulnerable to Harm From Slip Fall Accidents
Slip Fall is an injury claim based on a fall that occurs on someone else s property, is caused by that property owner s negligence, and requires a Michigan slip and fall accident lawyer. A Slip Fall occurs, according to our Michigan slip and fall accident lawyer team, not because the victim was not paying attention and stumbled, but because another person s negligence lead to the fall.
Our own slip and fall accident attorney team’s research revealed that thousands of people are injured every year because of hidden hazards on property or because of flagrant dangerous conditions that property owners fail to correct. Falls are one of the most common sources of injuries in the United States.
Among the hidden hazards or flagrant dangerous conditions that can produce a valid Slip Fall claim are:
- Ice or snow on sidewalks
- Poor lighting
- Defective flooring
- Clear ice
- Standing water puddles
- Improperly secured floor mats
- Unsafe stairways or steps
- Hidden drop offs or holes
Slip and fall cases fall under a broader category known as premises liability, explains Terry Cochran, senior partner in Cochran, Kroll Associates, a leader in personal liability litigation. Under the premises liability area of law, property owners and businesses have a duty to provide a safe environment and if they fail to do so, and someone is injured as a result, they may be held liable for medical expenses, pain and suffering, and lost wages.
But you must prove that the property owner knew or should have know about the hazard and that he had a reasonable amount of time to correct the hazard but failed to do so, says Cochran. In the case of an overnight winter storm, the property owner may not be liable if a reasonable amount of time to clear the walkway had not passed.
Slip Fall laws have undergone several significant changes in Michigan. State Supreme Court and Michigan Appellate Court rulings in recent years have resulted in restrictions being placed on the ability of victims to seek justice.
So if you have suffered been injured by a fall on someone else s property contact Cochran, Kroll Associates for a free consultation to determine if the injury is the result of another person s negligence. Our attorneys will investigate the accident site and obtain the medical records and testimony needed to prove negligence, cause, and specific harm.
Elements of a Slip Fall Claim
To be successful in making a Slip Fall claim the victim must have a demonstrable injury. The injury does not have to be serious to file a claim but an injury normally has to be serious to win a judgment. If the injury is mild, make sure you consult with legal consul about the chances of litigating successfully.
To prove a claim, the victim must prove that the dangerous condition on the property was directly responsible for the fall and subsequent injury. As an example, a storeowner may have failed to remove snow from the sidewalk but to establish the owner was at fault it must be shown the snow caused the fall. The successful claimant also will be able to demonstrate that the injury suffered was caused by the specific Slip Fall incident.
To prove a property owner negligent in Michigan to win a Slip Fall claim requires:
- Showing that the property owner should have had knowledge of the dangerous condition
- Showing the property owner had the chance to correct the problem causing the fall or give warning of the problem.
- Showing that the property owner negligently failed to give warning or correct the problem.
- Sometimes a property owner can escape responsibility by asserting an open and obvious doctrine defense. This defense is based on whether the existence of the hazard was openly visible and seen by the victim before the fall.
Generally the law does not require a property owner to remove ice or snow that accumulates outside the building as a result of weather. But if an unnatural accumulation of ice or snow occurs, than the owner can be liable. And if a snow removal service is employed, the owner can be held liable if negligence can be proved. So many issues are involved with a slip and fall on an icy walkway that an attorney should be hired to review the facts.
There is no precise formula that can be used to determine when the property owner is responsible if you slip or trip, says Cochran. Each case turns on whether the property owner acted carefully so that slipping was unlikely to happen and whether you were careless in not seeing or avoiding the condition that caused your fall. That s why you must seek the advice of an attorney who can make that determination for you.