Michigan winters inevitably bring snow and ice. However, one of the most dangerous aspects of wintertime in Michigan is the black ice that forms on many walkways, parking lots, sidewalks, streets, and highways. By its very nature, black ice is difficult to see and causes many serious injuries.
The law in Michigan is not easy for people injured in slip and fall accidents involving black ice. That is why it is important to contact a Michigan slip and fall lawyer and get your questions answered.
What is Black Ice?
Black ice refers to ice that is clear and not easy to see. Black ice forms when water freezes, forming a smooth surface that blends in with the pavement or cement underneath. Black ice gets its name because it looks “black” or dark upon a quick inspection. It is very hazardous at night when dark pavement can completely obscure a large, smooth ice patch.
Black ice can form on just about any hard surface as long as it is cold enough. However, it forms best on asphalt and concrete road surfaces, such as driveways and parking lots.
What Do I Do If I Slip and Fall on Black Ice?
If you slip and fall on black ice, it is important to ask for help and seek medical attention. If you feel you are badly injured, stay stationary. Do not attempt to move because you may make your injury worse or even create additional injuries. Try to call for help or call 911 for an ambulance and medical assistance.
If you can, try to let the property owner know about the dangerous condition so it doesn’t hurt anyone else. It is also important to take photographs or videos of the area to use later if necessary.
Contact a lawyer for free advice if you believe the black ice was unreasonably dangerous. Not all slip and falls from black ice can result in compensation, but a Michigan slip and fall lawyer can help explain the law and answer your questions. Calling a lawyer is essential so evidence can be preserved and you can focus solely on recovering.
Can I Sue for a Slip and Fall on Black Ice?
Every situation in Michigan is different, but in many cases, you can file a lawsuit for compensation for injuries sustained from a slip and fall due to black ice. To have a slip and fall lawsuit, the injury victim must first show the landowner, whether at a commercial or residential property, was negligent.
Showing negligence means the landowner owed a duty to the public and breached that duty by failing to remove the unreasonably safe condition. For example, allowing patches of black ice to remain in a busy parking lot for an unreasonable amount of time is an example of negligent conduct. Instead, the landowner must take reasonable precautions to remove or mitigate the dangerous condition, such as applying salt, shoveling, or plowing the ice and snow.
Once negligence has been established, the injury victim must show that negligence caused the injuries to occur. This is known as causation. To show causation, a person must show that “but for” the dangerous black ice, the injuries would not have occurred.
In addition, the plaintiff must also show the injuries were a reasonably foreseeable consequence of allowing the black ice to remain on the property. This is known as proximate cause.
Last, the plaintiff must show they were injured by the black ice. Even an aggravation of a pre-existing condition counts.
Why is Black Ice So Dangerous?
Black ice is dangerous because it is so difficult to see. People who don’t suspect black ice will walk at the same pace and not take any precautions to prevent an injury. When we fall, our bodies react instinctively to protect ourselves. Many people naturally reach out with their hands and arms to grab something or break the fall. This can cause fractures and broken arms and hands as the amount of force placed on our extremities is too great.
Because we lose control of our momentum when we slip on ice, the amount of force on the underlying hard surface can increase. If a person lands on their side, this can cause a traumatic impact on the hip area. Broken hips and legs are common injuries due to a slip and fall on black ice.
What do Black Ice Cases Settle for in Michigan?
The settlement amount following injuries from black ice in Michigan can vary. It depends on the severity of the injuries sustained by the injury victim. There are two types of damages for a Michigan black ice case.
The first type of damages is called “economic” damages. These damages include:
- Past medical expenses incurred due to medical treatment
- Future medical treatment that may be required in the future
- Past lost wages
- Future lost wages or loss of earning capacity due to inability to work or lower pay
- Out-of-pocket costs
- Reimbursement to Medicare, Medicaid, Blue Cross Blue Shield of Michigan, HAP, and other health insurance companies for liens they assert on the slip and fall lawsuit
The second type of damages is called “non-economic” damages. These damages include:
- Past pain and suffering
- Future pain and suffering
- Emotional distress
- Loss of society
- Anxiety and depression
- Scarring and permanent disfigurement
- Wrongful death
Some cases may settle for $30,000, while others, if the injuries are severe, can be resolved for $100,000 or more.
What is the Law for Black Ice Cases in Michigan?
The current law for slip-and-fall cases in Michigan has changed drastically. It is now more favorable for the injured person. There are two main defenses: open and obvious and comparative negligence.
A hazard is considered open and obvious if “an average person with ordinary intelligence would have discovered it upon casual inspection.” Although the law has changed, and this defense is not as strong as it once was, it is still very powerful for property owners.
The open and obvious nature of a hazard can go to the plaintiff’s comparative negligence. Comparative negligence is the allocation of fault to the injured person for falling. For example, suppose an ice patch is there to be seen. In that case, a jury may put some of the blame – or comparative negligence – on the injured person for not walking around the ice patch. If a jury believes the injured person is more than 50% at fault for their own trip and fall, they are not entitled to compensation for pain and suffering.
Black ice that is considered open and obvious may not make sense. How can black ice, which is difficult to see by its very nature, be considered “open and obvious?” This is a good question, but our state courts have repeatedly held that when there is an indication that black ice may exist, it is considered “open and obvious” and there to be seen.
What Are Common Black Ice Related Injuries?
Injuries from slip and falls due to black ice can vary greatly. The angle and force a person hits the ice, the way they land, and the natural makeup of the person are all variables in how a person is injured from a fall. Common injuries from falls due to black ice include:
- Broken hips
- Broken femurs and tibias
- Broken ankle
- Broken arms and elbows
- Low back pain
- Neck pain
- Concussion and traumatic brain injury
- Ligament and tendon damage
- A fractured skull and internal bleeding
Are Landlords Responsible for Black Ice on Their Properties?
Yes. Landlords are responsible for removing black ice from their properties. This includes rentals such as apartments, single-family homes, condos, townhouses, duplexes, and mobile home parks. Landlords must maintain a reasonably safe condition, including removing snow and ice, particularly black ice, after a reasonable amount of time.
Landlords must plow, shovel, or apply salt to dangerous areas that tenants and their visitors will use. Allowing black ice to remain on a property can lead to serious injuries. Under MCL 554.139, landlords are obligated under Michigan law to ensure their properties are in reasonable repair and fit for their intended use.
Do Most Black Ice Slip and Fall Cases Settle Out of Court?
The vast majority of Michigan slip-and-fall cases due to black ice settle before trial. However, insurance companies will do anything to get the case dismissed or pay the least amount of money possible.
That is why contacting a Michigan black ice lawyer as quickly as possible after an injury occurs is important. Property owners have many defenses they can use to minimize a case or get it dismissed outright.
An experienced and good slip-and-fall law firm in Michigan will move quickly to preserve evidence, take photographs and videos of dangerous conditions, hire necessary experts, and do what it takes to ensure your case is successful.
Property owners and their insurance companies will have lawyers working on their side to win. That is why it is vital to have someone on your side who is willing to take them on.
Michigan Black Ice Lawyers Who Win Big Settlements
The Michigan slip and fall lawyers at the Lee Steinberg Law Firm are some of Michigan’s most knowledgeable and experienced attorneys. Our dedicated and compassionate lawyers and paralegals work tirelessly to ensure a winning outcome and complete justice for our clients.
We have represented Michigan slip-and-fall victims throughout the state. We have appeared in courtrooms in Detroit, Flint, Saginaw, Grand Rapids, Traverse City, and everywhere in between.
Call our office at 1-800-LEE-FREE (1-866-696-9146) or contact us online to schedule a free consultation.
We take our cases on a contingency fee basis, meaning we don’t charge an attorney fee or costs until we win your case. Get your Michigan black ice slip and fall questions answered today.
