Legally Reviewed and Edited by: Terry Cochran

Published on: January 29, 2025

Slip and fall accidents can happen anywhere—from grocery stores and office buildings to sidewalks and parking lots. These incidents often lead to serious injuries like fractures, head trauma, and spinal damage, leaving victims with high medical costs and lost wages.

If your injury resulted from a property owner’s negligence, you might have grounds for a lawsuit. However, proving liability in a slip and fall case requires strong evidence, a clear legal strategy, and an understanding of Michigan premises laws.

At Cochran, Kroll & Associates, P.C., our slip and fall attorneys in Detroit, Michigan, have the experience and resources to win your claim. Learn how we can help you prove liability against a negligent property owner and seek the financial recovery you deserve.

What Is a Slip and Fall Case About?

A slip and fall case is a type of premises liability claim in which a person is injured due to hazardous conditions on someone else’s property. Property owners—whether businesses, landlords, or homeowners—are responsible for maintaining safe conditions. If they fail to do so and someone gets hurt, they may be held liable under Michigan premises liability laws.

Property owners have different levels of responsibility, depending on guest status:

• Invitees. Customers, tenants, or others on the property for business purposes are owed the highest level of care. Property owners must keep the area safe and fix hazards that could cause harm.
• Licensees. Social guests who have permission to be there but not for business reasons. Owners must warn them about known dangers but do not have to inspect for or fix hidden hazards.
• Trespassers. Those not legally on the premises have fewer legal protections since they do not have permission to be on the property; however, owners cannot create dangers meant to harm them, such as traps.
• Children. Under the attractive nuisance doctrine, young children are treated differently. If something dangerous, like an unfenced pool or abandoned building, is likely to attract them, the owner may be required to secure it.

Common Causes of Slip and Fall Accidents in Michigan Properties

Michigan’s unique climate and infrastructure create specific hazards that commonly lead to slip and fall accidents. These include:

• Weather-related hazards. Ice and snow accumulation on sidewalks, parking lots, and entryways is hazardous during Michigan’s harsh winters.
• Maintenance failures. Wet or slippery floors from mopping, leaks, or spills without proper warning signs.
• Structural issues. Uneven sidewalks, cracked pavement, or potholes that develop from Michigan’s freeze-thaw cycles.
• Design defects. Poor lighting in walkways, stairwells, or parking structures that obscure potential hazards.
• Indoor hazards. Loose carpeting, broken floor tiles, or unsecured mats in businesses and residential buildings.
• Transitional areas: Unmarked changes in elevation or floor surface types without warning.

In Michigan, proving negligence in a slip and fall case requires demonstrating that the property owner failed to exercise reasonable care in maintaining the premises.

How To Prove a Slip and Fall Case

To successfully hold a property owner accountable, you must establish the following four key elements of negligence:

Proving these elements requires clear evidence, which is why it’s crucial to act quickly after an accident.

What To Do at the Scene

Your actions immediately after a slip and fall accident can affect the outcome of your case and your well-being. Follow these steps to protect your legal rights:

• Seek medical attention. Even if your injuries seem minor, seek medical treatment. A doctor’s report provides official documentation of your injuries and connects them directly to the accident. Delaying treatment can give the insurance company grounds to argue that your injuries weren’t serious.
• Document the scene. Evidence from the scene of the fall can be quickly cleaned or altered. If possible, do the following to preserve crucial details about your accident:
  • Capture images of the hazard that caused your fall, such as a wet floor or broken sidewalk
  • Note the Date, Time, and Location to record when and where the accident occurred.
  • Look for cameras that may have recorded the incident and inform your attorney so they can obtain the footage.
• Report the accident. Notify the property owner, store manager, or landlord and ensure they file an incident report. Request a copy of the report for your records.
• Collect witness statements. If anyone witnessed your fall, get their contact information and a statement describing what they saw. Witness testimony can be invaluable in proving your case.
• Avoid giving statements to insurance adjusters. Insurance companies may try to get you to downplay your injuries or accept a low settlement. Never give a recorded statement without consulting a qualified personal injury lawyer in Detroit.

Slip and Fall Lawsuit Process: Filing Your Claim

A slip and fall lawsuit involves multiple steps, from gathering evidence to negotiating with insurance companies. Here’s what to expect:

• Collecting evidence. Your attorney will help you gather crucial evidence, including:
  • Medical records, such as hospital reports, doctor’s notes, and bills, documenting your injuries and treatment.
  • Witness statements from bystanders, employees, or others who saw the accident.
  • Security camera footage from nearby businesses, parking lots, or surveillance systems, if available.
  • Maintenance logs, inspection reports, or previous complaints showing the owner knew about the hazard but failed to fix it.
• Filing a claim with the property owner’s insurance. Most slip and fall claims start with filing a claim against the property owner’s liability insurance. The insurance company will investigate the incident and may attempt to settle the claim.
• Negotiation. Your slip and fall attorneys in Detroit, Michigan, will negotiate for a fair settlement. Insurance companies often try to lowball victims—your lawyer will push for compensation that reflects your medical costs, lost income, and pain and suffering.
• Filing a lawsuit (if necessary). If a fair settlement cannot be reached, your attorney may file a slip and fall lawsuit in Michigan civil court. Your attorney will argue your case before a judge and jury to win the highest award possible.

Compensation for Slip and Fall Cases: What To Expect

If you’ve been injured in a slip and fall accident, you may be entitled to various types of compensation, including:

• Economic damages. Economic damages cover the tangible financial losses you’ve incurred as a result of your injury. These are typically easier to calculate because they involve specific expenses and losses like:
  • Medical expenses. Hospital visits, surgeries, therapy, and medications.
  • Lost wages. Income lost due to time off work.
  • Future earning potential. Compensation if your injuries prevent you from returning to your job.
  • Rehabilitation costs. Physical therapy or other treatments needed for recovery.
• Non-economic damages. Non-economic damages are more subjective and compensate for the intangible impacts of your injury. These damages acknowledge the emotional and psychological toll of the accident:
  • Pain and suffering. Physical pain and emotional distress caused by the accident.
  • Emotional distress. Anxiety, depression, or PTSD resulting from the incident.
  • Loss of enjoyment of life. Inability to participate in activities you once enjoyed.
• Exemplary damages (rare but possible). Michigan allows exemplary damages if the property owner’s negligence was particularly reckless, such as ignoring multiple complaints about hazards.

Possible Challenges When Filing a Slip and Fall Case

While slip and fall cases can result in substantial compensation, they often come with challenges that can complicate the process. Understanding these obstacles can help you prepare and strengthen your case.

Comparative Negligence

Michigan follows a modified comparative negligence rule. This means if you were partially at fault for your fall—say, you were distracted by your phone while walking on an icy sidewalk—you can still recover damages, but your compensation may be reduced.

However, if you’re found to be more than 50% responsible, you lose the right to sue.

Overcoming Notice Challenges

Property owners often claim they had no knowledge of the dangerous condition. Successful claims must demonstrate the following:

• Actual notice. Evidence the owner knew about the hazard, such as previous complaints or repair requests.
• Constructive notice. Proof the hazard existed long enough that the owner should have discovered it through reasonable inspection.
• Self-created hazard. Evidence that the owner or their employees created the dangerous condition.

A skilled lawyer can gather the necessary evidence to push back against these claims and prove negligence.

Lack of Immediate Documentation

Delays in reporting the accident or seeking medical attention can weaken your case. Insurance companies often argue that you would have sought treatment immediately if your injuries were serious. To counter this, report the accident to the property owner, document the scene, and visit a doctor as soon as possible.

At Cochran, Kroll & Associates, P.C., partner attorney and registered nurse Eileen Kroll uses her legal and medical expertise to evaluate injuries, establish damages, and pursue the highest possible settlement, strengthening your slip and fall case.

What an Attorney Can Do For You

Hiring a personal injury lawyer in Detroit can improve your chances of winning a slip and fall case. Legal professionals understand Michigan slip and fall laws and can construct a winning claim on your behalf.

At Cochran, Kroll & Associates, P.C., our slip and fall attorneys are dedicated to protecting the legal rights for slip and fall victims and ensuring they receive the compensation they deserve. Our skilled team will:

• Investigate the accident. Gather crucial evidence, such as medical records, witness statements, and security footage, to strengthen your case.
• Determine liability. Analyze the facts to prove the property owner’s negligence and demonstrate how their actions (or lack of action) led to your injury.
• File all legal paperwork. Michigan has strict filing deadlines for slip and fall claims—three years from the date of injury. We ensure your case meets all legal requirements and is filed on time.
• Represent you in court. If negotiations fail, our experienced trial attorneys will take your case to trial and advocate for your rights before a judge and jury.

With our qualified slip and fall lawyers near you, you can focus on recovery while we handle the legal battle.

Protect Your Legal Rights After a Slip and Fall Accident

Managing the slip and fall lawsuit process takes time and legal knowledge, but the right attorney will handle filings, gather evidence, and present a clear, well-supported claim. At Cochran, Kroll & Associates, P.C., our slip and fall attorneys in Detroit, Michigan, fight to hold negligent property owners accountable and pursue the compensation you need.

If you or a loved one has suffered a slip and fall injury, contact us today for a free consultation. We’ll help you understand your legal rights, gather evidence, and pursue the compensation you deserve.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.