Slip and fall accidents occur every day, and they can be life-changing. Sometimes, the proper owner did nothing wrong, but other times, the property owner created an unreasonably dangerous condition. When this happens, and it causes a personal injury, the property owner may be liable. The Traverse City slip and fall lawyers at the Lee Steinberg Law Firm have been helping northern Michigan residents for decades. Let our team of aggressive trial lawyers fight for you and your family.
This can happen by allowing large potholes to linger, not plowing snow, ice, or black ice, failing to fix steps, porches, railings, or a spill off the floor. When this occurs, the Traverse City, Michigan, slip-and-fall lawyers at the Lee Steinberg Law Firm are ready to fight for you and your family.
Why is Hiring Traverse City Slip and Fall Lawyers with Experience Important?
Slip and fall cases are very different than car accident cases. In most auto accidents, liability is not contested. In a slip and fall case, the defendant almost always fights liability or who is at fault for the injuries.
Property owners, their insurance adjusters, and defense lawyers will try to claim the plaintiff was at fault. They usually use two primary defenses: comparative fault and open obvious. These are explained in more detail below, but they are powerful defenses.
To right the insurance companies and their attorneys, you must have a team of dedicated and experienced Traverse City slip and fall attorneys assisting you every step of the way. We will protect you from:
- Recorded statements taken by insurance representatives
- Aggressive defense lawyers asking irrelevant questionsÂ
- Prior medical or legal issues that have no bearing on the slip and fall and your injuries
Our Traverse City, Michigan, personal injury law firm aggressively pursues premises liability cases. We go out to the scene and take photos, request surveillance videos, talk to witnesses, get weather reports, hire the right experts, and do everything needed to win your case.
Contact our office today at 269-284-4849 for a free consultation. We look forward to helping you immediately.
Slip and Fall on Ice and Snow
Following a snowstorm, landowners owe a duty to the public to shovel, plow, or remove snow and ice in a timely fashion. Failing to do this can allow a person injured on their property to file a lawsuit for compensation.
Snow and ice are a fact of life in Traverse City and surrounding communities in north Michigan. Gas stations, shopping malls, restaurants, buildings, and apartment complex owners must provide a reasonably safe environment. This includes properly salting and shoveling snow after a storm. Hiring a snow plow company does not pass the buck. The duty remains with the property owner to make sure the area is maintained.
When the temperature rises during the daytime, it can cause the ground to heat and snow and ice to melt. But this area can refreeze when the temperature drops at night, causing dangerous black ice to form. Black ice is difficult to see because it is clear and blends into the underlying surface, such as concrete. Michigan law protects visitors when a property owner fails to salt and remove black ice.
If you have been injured after a slip and fall in snow or ice, contact our Traverse City slip and fall lawyers. We are always here to answer your questions and evaluate if you have a case.
Common Reasons for Slip and Falls in Traverse City
Slip and fall injuries can happen for any number of reasons. However, there tend to be common reasons for slip and falls resulting in severe injuries. Examples of typical slip and fall cases are:
- Snow and Ice
- Water on a floor, such as at a grocery store or restaurant
- A broken handrail or porch
- A broken step or staircase due to lack of maintenance
- Black ice
- Falling in a large pothole in a parking lot or driveway because the area is in poor condition.Â
- Falling through a defective porch or stepÂ
How Do I Win a Slip and Fall Lawsuit?
To win a slip-and-fall case, the injured person must prove the property owner was negligent in maintaining the property. First, a person must show that the owner owes a duty. This is usually simple. The owner of a store, restaurant, mall, or landlord generally owes a duty to the public.
Second, the injured person must prove the owner breached this duty. This means the owner failed to properly inspect and fix the hazard. Third, the plaintiff must show they were injured and that the landowner’s negligence caused the injuries.
Slip and fall cases are complicated. Unlike a lot of other personal injury law firms in Michigan, our Traverse City slip and fall attorneys have been handling these cases for decades. We have represented clients throughout Northern Michigan and are fearless in making sure clients get the best settlement. Our firm has experience and aggressively fights for our clients, and the results show.
Traverse City Slip and Fall Lawyers Who Get Results
Our law firm is so proud to have some of the great slip and fall trial lawyers in Michigan. 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 fallÂ
- $1,250,000 for a tenant injured at her rental complexÂ
What Should I Do After a Slip and Fall Accident?
If possible, there are certain things a person should do after a slip and fall incident to preserve evidence and help themselves:
- Take pictures of the dangerous conditions. Get photos or video of the dangerous hazard that caused you to slip, fall, and sustain injury.
- Notify the property owner as soon as possible. Letting the owner know a dangerous hazard exists on their property is essential. Get an incident report completed to substantiate the incident took place. Make sure to get a copy of the incident report.Â
- Go to the hospital or doctor’s office. A minor injury can end up getting much worse. Even if you feel just a little pain, you may have actually torn a ligament, fractured a bone, or have internal bleeding. Get checked out by a medical professional as quickly as possible.
- Contact a really good Traverse City slip and fall lawyer. Do not talk to the insurance company for the property owner until you have first talked to a Traverse City personal injury lawyer. The lawyer will provide you crucial advice on what to say and what to disclose. It is important to get educated before talking to anyone.Â
What is Comparative Negligence in a Traverse City Slip and Fall Accident?
There are two types of negligence. There is the standard negligence, or fault, of the defendant for allowing a dangerous hazard to remain that causes an injury. Then there is comparative negligence, which is the fault or blame towards the plaintiff or injured person 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 the plaintiff’s losses and injuries from a slip and fall were $100,000, but believed the plaintiff was 30% at-fault for causing his own injury. The plaintiff would receive $70,000. If the jury finds the plaintiff 51% at-fault, the plaintiff receives nothing.
Why is the Insurance Company Saying My Fall was Open and Obvious?
Because they are trying to deflect blame. 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 old Michigan law, a person could not even file a lawsuit if they slipped and fell on an open and obvious condition, but the law has changed.
However, the open and obviousness of a condition goes to the plaintiff’s comparative negligence. The easier it is for a person to avoid a hazard, the more likely a judge or jury will blame the plaintiff for their injuries.
Our Traverse City 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?
All these questions are relevant and important to your case. However, only a Warren personal injury law firm with experience handling slip and fall cases can be successful.
Recovering Compensation from a Traverse City Slip and Fall Accident
Slip and fall incidents can cause substantial financial turmoil. The pain from the injuries, along with the financial stress, can create significant emotional distress. We will get you reimbursed and obtain justice for the pain and suffering you are experiencing. The types of damages we can pursue include:
- Payment for outstanding medical bills and medical liens
- Money for future medical treatment
- Lost income or lost wages
- Out-of-pocket expenses
- Pain and suffering
- Anxiety and depression
Some damages, like pain and suffering, are difficult to measure. But we make the property owner’s insurance company understand the impact the slip-and-fall has had on your life. Numerous harms and losses result from these horrible incidents. We paint a full picture so you get everything you deserve.
Traverse City Slip and Fall Lawyers Fighting For You
Please call Lee Free and the Traverse City slip and fall attorneys at 1-800-LEE-FREE (1-866-503-3043) or contact us online to schedule a free consultation.
Our office represents clients across northern Michigan, including Kalkaska, Gaylord, Grayling, Alpena, Cheboygan, Cadillac, and the Upper Peninsula.
We can answer any questions you have about Michigan slip-and-fall laws and accidents. We would be glad to hear about your situation and provide information and guidance.
