Although the winter months feature many things to look forward to, such as skiing, snowmobiling, and other outdoor fun, the snow and ice can be extremely dangerous. This is particularly true when walking on slick, icy walkways, snow-covered parking lots, and sidewalks. Every year, Flint and Genesee County residents are injured from slipping and falling due to dangerous snow and ice conditions that were not removed promptly. In these situations, a Flint snow and ice injury lawyer may get you compensation for your injuries and financial losses.
Can I Sue for Slip and Fall Injuries Caused by Snow and Ice?
In Michigan, you can sue a property owner for injuries sustained from a slip and fall due to snow and ice. However, not every slip and fall is a case. The injured party must prove that the defendant, the property owner or manager, was negligent. This means showing the owner had a duty to exercise reasonable care to protect the public from an unreasonable risk of harm caused by a dangerous condition on the land.
Just because a person slips and falls on snow or black ice in Flint does not automatically mean they have a case. Instead, there are multiple factors to consider. It is important to contact an experienced Flint slip-and-fall lawyer who has handled these cases for decades.
How Do I Prove Negligence from Snow and Ice?
In Flint, homeowners, building owners, and landlords are required to keep their properties reasonably safe. This is especially true when it snows, which results in black ice and other dangerous conditions. If someone is injured on a property owned by another person, the property owner could be found negligent. This is called premises liability.
However, just because you are injured on another person’s property doesn’t guarantee that you’ll receive compensation. There are four things you need to prove to recover money damages from a property owner.
The Property Owner Must Owe A Duty
You must first prove that the owner owed you a legal duty. What this means is that you were legally on the property. A person is legally allowed to be inside and outside a store, assuming they aren’t loitering. If a person slips on ice that has not been removed, the property owner owes the individual a legal duty.
The Property Owner Breached Their Duty To the Public
The injured person must also prove that the restaurant, grocery store, parking lot owner, or store owner violated their legal duty to you. What this means is that you need to be able to show the property owner was aware of should have been aware of the unreasonably dangerous condition, but failed to fix it. In legal terms, the landowner’s conduct was below the general standard of care.
The Property Owner’s Negligence Caused The Injuries
Third, you must prove the store owner’s negligence caused your injury. In other words, your injury primarily resulted from the slippery conditions. You can’t just fall outside a store due to snow or ice and collect compensation. The fall needs to have directly resulted from the property owner’s violation of legal duties.
Damages
Last, the final element is that you must have been injured from the slip and fall. You can’t collect compensation if you weren’t injured. The property owner could be held liable for damages such as:
- Lost wages
- Future lost wages
- Medical bills
- Future medical expenses
- Pain and suffering
- Scarring
What Defenses Do Property Owners Have in Snow and Ice Cases
Property owners now have three primary defenses when defending a snow and ice case. The Michigan Supreme Court recently changed one of the most powerful defenses, the “open and obvious” defense. This is explained in more detail below.
Comparative Negligence
The first defense is known as comparative negligence. This is the amount of negligence the plaintiff has for causing his or her injuries. Under Michigan law, if a plaintiff is more than 50% at fault for causing their own injuries, they may not recover any non-economic damages. This is found under MCL 600.2959. The percentage of comparative fault is then decreased from the total settlement or verdict amount.
For example, a man slips and falls on snow and ice outside a gas station. The gas station failed to plow or salt the area near the gas pumps, and the person fell while walking to the station to pay for gas. The man broke his ankle. The jury awards the man $100,000 for his injuries but finds him to be 30% at fault for not paying better attention while walking. The man will receive $70,000.
The Condition Must be Unreasonably Dangerous
The plaintiff must also prove that the defective condition was unreasonably dangerous. So, what is considered unreasonably dangerous? This is not defined in the law. But it means the condition that caused a person to slip and fall must be more than just risky. Instead, there must be circumstances about the condition that the defendant allowed it to become unreasonable. A Flint snow and ice lawyer can determine whether the condition was unreasonably dangerous.
Notice
A landowner’s duty arises when the defendant has actual or constructive notice of the condition. Notice is central in every slip-and-fall case. You cannot hold them responsible without proving that the property owner had notice of the dangerous defect. Notice comes in two forms – actual notice and constructive notice:
Actual notice occurs when the defendant has actual knowledge of the dangerous condition. For example, a restaurant knew it snowed outside but did nothing to make its walkways or parking lots safer for customers.
Constructive notice occurs when the plaintiff provides evidence that the defect is of such a character or has existed for a sufficient length of time that the property owner should have known of its presence. In other words, the black ice conditions existed for a long enough period of time that the restaurant owner should have known about them and fixed the problem.
Has There Been a Major Change to Slip and Fall Law?
Yes, Michigan law has changed drastically for slip-and-fall cases, including cases involving snow and ice. For over twenty years, snow and ice were considered “open and obvious.” Under Michigan law, a property owner had no duty to remove open and obvious conditions. Because there was no duty, they could not be held negligent.
This gave property owners a free pass not to plow their parking lots, salt their sidewalks, or shovel the walkways near their store or restaurant. As you can see, this was a major defense for property owners. They were able to get many snow and ice cases dismissed in courts all over Michigan.
But in El-Sayed v. F&E Oil, Inc., the Michigan Supreme Court ruled that an “open and obvious” condition, such as a snow-covered parking lot, does not relieve the owner of a duty to use reasonable care. Instead, the open and obvious nature of the snow and ice on the property goes to the comparative negligence – or fault – of the plaintiff.
In addition, this analysis looks at whether the landowner breached their duty to the injured plaintiff by not removing the snow or ice in time. It no longer attaches to a landowner’s duty. This is crucial because it places the blame on both parties, the injured plaintiff and the defendant property owner, rather than just the plaintiff.
What are Typical Injuries from Black Ice or a Slip and Fall due to Snow?
Slip and fall accidents in Flint caused by snow and ice can result in many different types of injuries. Some of the most common injuries include:
- Broken ankle, broken leg, broken arm
- Fractured hip
- Broken elbow or wrist
- Sprained knee
- Low back pain and neck pain
- Closed head injury
- Cuts, bruising, and scarring
What If I’m Injured on Black Ice?
One of the most dangerous conditions in the winter is the dreaded “black ice.” Black ice gets its name because the ice disappears and hides into the ground or pavement it is covering. It blends in so much that a person cannot even see the ice they are walking on. Black ice is extremely dangerous and causes serious injuries. It is prevalent on concrete surfaces, such as parking lots and sidewalks.
If a person falls on black ice, they can claim compensation against the individuals or companies responsible for maintaining the area where it exists. However, the plaintiff has the burden of proof. He or she must prove that the black ice existed at the time of the fall, the landowner had notice, and the landowner failed to take reasonable precautions to remove it.
Black ice cases in Flint and Genesee County are a special type of case. Usually, a weather expert, such as a meteorologist, is needed to substantiate that the conditions were ripe for black ice. It is important to get witness information as early as possible. Photographs of the dangerous condition are also crucial. Contact a Flint snow and ice lawyer for a free consultation.
Flint Slip and Fall from Snow and Ice Injury Attorneys
Slip-and-fall injuries due to snow and ice happen all the time. However, just because a person falls and is injured does not mean they get compensation. Instead, Michigan law mandates that the injured person show the property owner was negligent. These cases are fact-specific. That is why it is important to contact a Flint slip-and-fall lawyer today who specializes in snow and ice cases.
Contact our Flint office today at 810-275-1829 or click here for a free consultation.