The winter months in Detroit bring ice, snow, and dangerous conditions. Slick porches, slippery parking lots, and ice-covered walkways can cause serious slip-and-fall injuries. You can seek compensation if you suffer a slip and fall injury because of a property owner’s negligence.

We understand the frustration and financial turmoil these incidents cause. Our team of Detroit slip and fall lawyers will help get you compensation for lost wages, medical bills, pain and suffering, emotional distress, depression, and other injuries.

Every day, the Lee Steinberg Law Firm represents people injured in metro Detroit due to property owner negligence. We fight the insurance company and their defense lawyers. If necessary, we will take your case to court and before a jury trial.

Detroit Slip and Fall Lawyers Who Get Results

We are proud to have some of the best Detroit 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

When Is a Business Responsible for Slip and Fall Accidents in Bad Weather?

After a snow or ice event, the business owner must take action to remove or mitigate the slippery conditions. For example, suppose a store opens in the early morning, and there is 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 an 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.

What Should I Do After a Snow or Ice Fall in Detroit?

After a slip and fall, there are certain things you should do for your long-term health and personal injury case.

Take photographs on your cell phone of the dangerous areas and hazards
Complete an incident report and demand a copy of the report
Take video or record the accident scene on your cellphone
Get the names and numbers of witnesses
Get the full names of employees working at the time of the fall
Go seek medical treatment

After receiving medical treatment, you should contact expert Detroit slip and fall attorneys to work your case. Do not talk to an insurance adjuster without legal support. If an insurance adjuster contacts you, confirm that you fell, but tell them that all other questions must be redirected to your lawyer. If they request an interview, tell them no.

Who are Typical Defendants in a Snow and Ice Slip and Fall Case in Detroit?

There are a lot of different potential defendants in a slip and fall case due to snow and ice. Obviously, any landowner owes a duty to the public to maintain the property in a reasonably safe condition. But some of the more common defendants in a snow and ice case include:

Shopping malls
Gas stations
Restaurants
Grocery stores
Retail stores
Property management company
Landlords and rental property owners

Sometimes, a snow plow company causes a dangerous hazard. If a snow plow company does a job and does it in such a way that it creates a dangerous condition that results in an unreasonable risk of harm, then the snow plow company is also liable. However, a landowner has a non-delegable duty to maintain reasonably safe premises. This means the landlord or owner cannot just blame the snow plow company for a bad job.

Can I Sue For Not Salting the Sidewalk or Parking Lot?

Yes. Following a snowstorm, a property owner owes a duty to guests to salt and shovel the sidewalks and parking lots. This includes ongoing maintenance when ice melts and refreezes overnight when temperatures drop. This freezing and thawing can create dangerous black ice when the ice blends in with the underlying ground surface.

This duty extends to the owners and property managers of apartment complexes. A maintenance crew or a third-party company must inspect the complex and apply salt and plow dangerous snow-covered areas. This includes the sidewalks, walkways, porches. and entryways of apartment buildings.

What do Snow and Ice Slip and Fall Cases Settle for in Detroit?

The settlement amount following injuries from snow and 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 Michigan snow and ice cases.

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 far more.

What Defenses Can a Property Owner Use?

There are two powerful defenses for property owners in Detroit snow and ice cases.

Comparative Negligence:

The most popular defendant is comparative negligence. Comparative negligence is the is the plaintiff’s fault for getting injured due to a dangerous condition. A jury must apportion fault. If a jury finds that the plaintiff is more than 50% at-fault or negligent for causing his own injuries, then he is not entitled to receive any pain and suffering compensation.

For example, a man slips and falls on snow at a gas station. The gas station never shoveled or salted the area after the storm. A jury finds the man’s injuries are worth $100,000. However, the jury asserts 30% fault on the plaintiff. The total verdict is reduced by 30%, and the plaintiff receives $70,000.

Open and Obvious:

Another defense is the open and obvious defense. For many years, this defense meant that if a condition was there to be seen by an average person under casual inspection, then the property owner escaped all liability. The open and obvious rule meant the property owner had no duty to get rid of open and obvious conditions.

However, this is no longer the case. The Michigan Supreme Court held in Kandil-Elsayed v F& E Oil, Inc. and Pinsky v Kroger Co of Mich (docket Nos. 162907 and 163430 respectfully) that an open and obvious condition is relevant to whether a defendant breached its duty of care to its customers. But this goes to the comparative negligence, or fault, of the plaintiff, not the defendant’s duty.

This means property owners such as shopping centers, grocery stores, restaurants, and apartment complexes can no longer argue they are not obligated to warn of an open and obvious condition, such as a snow-covered parking lot. This makes it much more difficult for them to dismiss lawsuits and makes it easier for injured people to get compensation.

Are Landlords Responsible for Snow and Ice on Their Properties?

Yes. Landlords are responsible for removing snow and 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.

Is the Property Owner or Property Manager Always Responsible?

Just because a person slips and falls on snow or ice does not mean the owner is responsible for injuries. The injured party must prove the property owner was negligent in failing to maintain a reasonably safe premises.

An essential part of every snow and ice case is when the weather event occurs. If a person falls in a parking lot during a snowstorm, this is a natural accumulation of snow. Under Michigan law, property owners are not usually negligent for natural accumulations of ice and snow.

However, if the storm is over and enough time has passed to apply salt, plow, or shovel away the snow and ice, the property owner can be held accountable for not doing this. Then, the condition is an unnatural accumulation.

Statistics from Snow and Ice Falls in Michigan

The Centers for Disease Control and Prevention reports that about 1 million adults in the United States are injured due to slips and falls every year, with the injury rate increasing as temperatures drop. Although the number of injuries is dictated by the weather, there are usually over 20,000 ice, sleet, and snow-related work injuries every year.

Although there are no formal statistics for falls in Michigan, the number of injuries from slips and falls due to ice or snow is estimated to be in the tens of thousands each year.

To avoid a fall, it is best to:

Wear proper footwear. Be sure you have a pair of boots with good support and grip strength on the soul.
Take your time when walking. Pay attention and walk slowly.
Use assistance. Always use handrails, a walking stick, your walker or cane when out in winter weather.
Take small steps. Small steps, almost from side to side, help you maintain your center of gravity. Take small steps and waddle a bit like a penguin.

Detroit Snow and Ice Lawyers Who Win Big Settlements

The Detroit 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 metro Detroit, including Warren, Sterling Heights, Pontiac, Ypsilanti, Dearborn, Livonia, Westland, Southfield, St. Clair Shores, 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 only charge an attorney fee or costs once we win your case. Get your Detroit slip and fall questions answered today.