Walking around a mall, eating at a restaurant, or stepping downstairs outside a home are all regular activities. Almost all of the time, these mundane things are done without any problems. However, sometimes the landowner fails to fix and maintain their property. Other times, they failed to clean up a spill in a timely fashion. A devastating, life-changing slip and fall incident can occur. And when this happens, the Midland, MI slip and fall lawyers at the Lee Steinberg Law Firm are here to make everything right.
Midland Slip and Fall Lawyers Who Get Results
Our law firm is proud to have some of the best slip-and-fall trial lawyers in Michigan. The results speak for themselves.
- $5,750,000 for a man injured at a work site
- $3,250,000 for a woman injured at a major retailer
- $1,300,000 for a man injured at a construction site
- $1,250,000 for a tenant injured at her rental complex
- $550,000 for a teacher injured in a slip and fall
What is the Average Slip and Fall Settlement in Michigan?
Every case is different and the average settlements will vary. There is no magic number. The average settlement for a Michigan slip and fall case generally falls between the $30,000 to $150,000 range. However, this number can be much higher if the injuries are significant and your law firm is experienced and aggressive.
Please understand several things affect the settlement value of a case. Think of this range as a starting point. Several factors influence the average slip and fall settlement amount in Michigan. The most important factors are:
- The Severity of the Injuries – the more severe the injury, the higher the value. A back injury that requires physical therapy and heals will result in a lower settlement than a broken leg or broken arm with surgery. Settlements can be substantial in cases of significant injuries resulting in long-term medical care.
- Medical Bills – the amount of medical bills is going to be relevant. However, past and outstanding medical expenses and future medical care are significant. A good Midland slip and fall lawyer will hire the right expert to show the judge and jury how much future medical care you may require.
- Lost Wages or Loss of Earning Capacity – if you are missing work and incurring lost wages, you are entitled to reimbursement. In addition, if the injuries affect your future income, those numbers must also be included.
- Pain and Suffering – the injuries from a slip and fall cause emotional and physical pain. Although these losses are intangible, the pain, suffering, emotional distress, physical disfigurement, physical impairment, and other non-economic damages must be part of any slip and fall settlement.
- Lawyer Expertise – not every personal injury lawyer truly knows how to handle or litigate a slip and fall case. These are very different from car accident cases. When other firms refused to take these cases, the Midland slip and fall lawyers at the Lee Steinberg Law Firm pursued negligent landowners for the injuries they caused on behalf of residents throughout Mid-Michigan. We continue to do that today.
How Do You Win a Slip and Fall Case in Michigan?
To win a slip and fall case in Michigan, the plaintiff must prove the landowner, landlord, or property owner owed a duty to the public. Then, the plaintiff must demonstrate that the landowner breached or broke this duty. Third, the injured person must prove that negligence caused the injuries. Last, the plaintiff must show that the negligent property owner knew about or should have known about the unreasonably dangerous condition on the land.
Successfully proving negligence is not easy. Only the best Midland slip and fall lawyers genuinely understand what it takes to build a case and fight the landowner’s various defenses..
What are Common Defenses in a Slip and Fall Case?
There are three main defenses that landowners and property owners use when trying to get out of responsibility for a slip and fall that occurs on their property. They are (1) comparative negligence, (2) open and obvious, (3) and notice.
What is Comparative Negligence in a Slip and Fall Accident?
There are two types of negligence. Standard negligence, or fault, is the defendant’s allowing a dangerous hazard to remain that causes the injury. Comparative negligence, on the other hand, is the plaintiff’s or injured person’s fault or blame for not avoiding the dangerous condition.
A judge or jury can decide what percentage of your own negligence caused your injuries. If you were partly to blame, the court reduces the amount you receive by your apportionment of fault. However, if you are more than 50% at fault, then the injured plaintiff cannot obtain any compensation for pain and suffering.
Here is a quick example of how comparative fault works. A jury found that the plaintiff’s losses and injuries from the slip and fall were $100,000, but the plaintiff was 30% at fault. The plaintiff would receive $70,000. If the jury finds the plaintiff 51% at fault, the plaintiff gets nothing.
What is the Open and Obvious Defense?
Under Michigan law, a condition is open and obvious if “an average user with ordinary intelligence would have been able to discover the danger and the risk present upon casual inspection.” Under the old Michigan law, a person could not file a lawsuit if they slipped and fell on an open and obvious condition, but the law has changed.
Now, a condition’s open and obviousness goes to the plaintiff’s comparative negligence. The more apparent the hazard is to an average person, the more likely a judge or jury will find blame on the plaintiff for their injuries.
What is the Notice Defense?
The notice defense is a common defense 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 notice and constructive notice.
Actual notice occurs when the proprietor or employees caused the active negligence themselves. For example, a waiter spilling water all over the floor near the bathroom hallway and failing to clean it up is an example of 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.
Are Landlords Responsible for Injuries?
Yes, just like an office building or strip mall owner is responsible for maintaining a reasonably safe condition for guests, a Midland County landlord is responsible for inspecting and fixing dangerous hazards in an apartment complex, parking lot, condo, or single-family home. In fact, renters and tenants have special legal protections that non-tenants do not have.
Under MCL 554.139, a landlord must ensure the building and all common areas are fit for the parties’ intended use. In addition, a landlord must keep the building in reasonable repair during the term of the lease and comply with the applicable health and safety laws of the state and local unit of government where the buildings are located. Failing to do this results in landlord negligence.
How Do Our Midland Slip-and-Fall Injury Lawyers Fight Back?
Our Midland, Michigan slip and fall lawyers specialize in protecting our clients from these accusations. Instead, we flip the script on the landowner or landlord. Why did they allow such a dangerous condition to exist? Why did they not inspect the premises more regularly? Who oversaw the inspections? Why didn’t they put up a warning sign or caution tape? Why did the wet floor exist for so long? Why didn’t they just fix the problem.
All these questions are relevant and important to your case. However, only a Midland personal injury law firm with experience handling slip and fall cases can be successful.
What Are Common Reasons for a Slip and Fall in Midland?
A slip and fall incident or a trip and fall can occur in numerous ways. But the more common ways include:
- Failing to shovel or remove snow
- Failing to salt or remove ice
- Failing to salt a sidewalk, walkway, or parking lot
- Broken steps or staircase due to lack of maintenance
- A loose handrail that gives way
- Wet floors in a restaurant or indoor shopping area
- A large pothole or serious of potholes in a parking lot
- Falling through a defective porch or step
- Defective city sidewalk
Contact Us Today – Our Midland, MI Slip and Fall Lawyers Are Ready to Fight For You
When you have sustained serious injuries in a slip and fall incident in Midland County, you have a lot going on. The 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 deserve by law.
We have represented thousands of clients throughout Michigan and obtained hundreds of millions in settlements and verdicts.
Call us for a free consultation at 1-800-533-3733, or fill out a contact form today.