Michigan Slip and Fall on Ice: Overcoming the “Open and Obvious” Defense
Meet The Lee Steinberg Law Firm
Michigan winters can present many challenges. Not only is driving more difficult, but walking outside carries the risk of a serious Michigan slip and fall on ice. And when a property owner negligently fails to remove snow and ice from their property, and an injury occurs, the injured person has a right to compensation for their injuries.
However, these cases are not straightforward. The property owner and their lawyers have a powerful defense called the “open and obvious” defense, which they can use to defend these claims and pay less money—or nothing at all.
It is essential you hire a great Michigan slip and fall settlement lawyer that helps you navigate the open and obvious rule and these tricky cases. At the Lee Steinberg Law Firm, we specialize in overcoming these defenses to get you paid.
Michigan Slip and Fall Settlement Lawyers
We are proud to have some of the best Michigan slip-and-fall trial lawyers, and the results speak for themselves:
- $3,250,000 for a woman injured at a major retailer
- $5,750,000 for a man injured at a work site
- $1,300,000 for a man injured at a construction site
- $550,000 for a teacher injured in a slip and fall
- $1,250,000 for a tenant injured at her rental complex
What is Negligence in a Slip and Fall on Ice Case?
Negligence in a slip and fall case is when a landowner, such as a retail store, mall owner, landlord, or homeowner, fails to exercise reasonable care to protect customers or tenants from an unreasonable risk of harm caused by a dangerous condition of the land, such as snow and ice.
After a snow or ice storm in Michigan, the law requires a retail owner or landlord take reasonable measures within a reasonable time after an accumulation of ice and snow to diminish the hazard and potential for injury.
Examples of Negligence from a Michigan Slip and Fall
After a snow or ice storm, a property owner must take action to remove or mitigate the slippery conditions.
For example, suppose a store opens in the early morning, and there was a snowstorm the previous day. In that case, the owner of the store property must make a reasonable attempt to plow and salt. Businesses can be held liable for:
- Failing to salt or shovel a parking lot.
- Failing to shovel and salt the walkway.
- Failing to apply salt and remove snow at the entrance or exit of a store.
- Ignoring training and safety practices. This includes failing to train employees and staff on snow and ice removal, leading to injuries on the property.
- Delayed responses to hazards. This includes ignoring complaints about icy walkways, sidewalks, stairwells, and parking lots.
Common Defenses for Property Owners
There are several defenses in the common law that Michigan property owners can use to fight slip and fall cases.
What is Comparative Negligence?
Comparative negligence is the allocation of fault to the injured person for causing their own injuries. In slip-and-fall cases, particularly snow-and-ice cases, the owner will blame the injured plaintiff for not being careful and for failing to take precautions.
Comparative negligence is a strong defense for property owners. For example, if a person slips and falls on an ice-covered parking lot, a jury may still assert the blame—or negligence—on the injured person for falling. If a jury says the injured person is more than 50% at fault for their own slip and fall, they are not entitled to compensation for pain and suffering.
What is the “Open and Obvious” Defense?
In Michigan, a hazard is considered open and obvious if “an average person with ordinary intelligence would have discovered it upon casual inspection.” It is an objective standard, meaning you look at it from the perspective of a regular person, not the specific person who was injured.
For slip and fall cases, a hazard that's "open and obvious" can lead a jury to assign more fault to the injured person, potentially blocking recovery for pain and suffering.
How Do You Overcome the Open and Obvious Defense?
Because the “open and obvious” defense can make the difference between winning and losing your case, it is important to hire great Michigan lawyers who know how to overcome this defense. This is done by your attorneys through a number of ways:
1. Obtain All Photos and Video Evidence
First, your Michigan snow and ice lawyer should obtain any and all photographs and videos of the accident scene. This should include photos taken by the plaintiff, the defense, and independent witnesses, as well as video surveillance.
The video should include not just the incident, but also the time leading up to it, to demonstrate that the landowner had plenty of time to remove the ice and snow and failed to do so.
Tip: It is important to take videos and pictures of the retailer or landlord’s property as soon as possible after the slip and fall on snow or ice.
2. Get Defendant’s Internal Documents
Second, your Michigan snow and ice lawyers must be aggressive during the litigation process. When a lawsuit is filed, a process called discovery occurs.
During this process, your attorney must be aggressive, obtaining important key documents, such as work logs indicating when a parking lot or sidewalk was plowed and salted (or not). A good Michigan slip and fall lawyer will also find out who was responsible for salting and removing snow after a storm.
Many large retailers and apartment complexes have policies and procedures in place for their employees to follow after a snowstorm. These policies, for example, explain when a sidewalk should be shoveled, salt should be applied, or when a plowing service should be called. Your lawyer must obtain these policies and procedures. Failing to abide by the policies and procedures can constitute negligence or failure to “diminish the hazard” within a reasonable time.
3. Prepare the Plaintiff for Their Deposition
A really good Michigan slip and fall accident lawyer will thoroughly prepare their client for their deposition. A deposition is when the other side’s lawyer gets to ask a person questions about the lawsuit while they are under oath. Deposition testimony can later be used to support or impeach a witness at trial.
Important Deposition Questions:
The following are some important questions usually asked by the insurance lawyer after a slip and fall due to snow and ice. It is important to think about these questions and discuss your answers with your lawyer before the deposition:
- Why didn’t you just walk around the snow or ice patch?
- If you saw the area was covered with snow or ice, why didn’t you walk more carefully?
- Did you have to walk through the snow or ice, or could you have used a different entrance?
- What were you looking at when you fell?
- What were you carrying at the time of the fall?
- What type of shoes were you wearing?
- Do you have any vision problems, trouble walking, or balance issues?
4. Take Depositions of Defendants and Witnesses
Next, to obtain a great Michigan slip and fall ice settlement, your lawyers need to take the deposition of all important people who contributed to the injury or witnessed the injury. Your law firm should depose the property manager(s), owner(s), employees, witnesses to the fall, and any other individuals with valuable knowledge as to why the property owner or landlord allowed the dangerous ice and snow to remain on the premises after a storm.
Why is Understanding the Open and Obvious Defense Important?
Because it leads to a larger settlement. It’s as simple as that.
If you know what the weak parts are in the other side’s case, you can exploit those weaknesses. This will increase the value of your settlement. On the other hand, the lawyer for the property owner will also try to exploit your “weaknesses”, such as blaming you for your own slip and fall. And one of the easiest ways to blame the plaintiff is to claim that the ice and snow were open and visible, thus apportioning fault to the injured person.
Combating the open-and-obvious defense early in your case is vital. For example, everyone knows snow and ice are slippery and can be dangerous. But that doesn’t mean a person is automatically at fault for their own injuries. Sometimes, snow or ice is unavoidable because a manager or employee never bothered to remove it after a storm.
Other times, ice can appear as “black ice,” making it difficult, if not impossible, to see. When salt is not applied to black ice, the property owner fails to maintain their duty to the public. This can result in negligence and a large Michigan slip-and-fall settlement.
What is the Notice Defense?
The notice defense is a common defense that most people do not know about. To be held liable, a landowner must know about the dangerous condition. You cannot hold them responsible for civil compensation without notice.
There are two types of notice: actual and constructive.
- Actual notice occurs when the proprietor or employees cause the actual negligence themselves. For example, a waiter spilling water all over the floor near the bathroom hallway and failing to clean it up constitutes actual notice.
- Constructive notice occurs when the unsafe condition is of such a character or has existed for a sufficient time, and the landowner should have knowledge of the hazard.
For example, to show notice, a plaintiff must demonstrate the defendant knew about the alleged water on the floor or should have known of it because of its character or the duration of its presence.
Contact Us Today - Our Michigan Slip and Fall Lawyers Are Ready to Fight For You
When you have sustained serious injuries in a slip and fall incident due to snow and ice, you have a lot going on. The Michigan slip and fall settlement attorneys at the Lee Steinberg Law Firm will meet with you and protect you throughout your case. We will fight for the monetary compensation you are entitled to by law.
We have represented thousands of clients throughout Michigan and obtained hundreds of millions in settlements and verdicts.
