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, store, bank, landlord, or strip mall owner created an unreasonably dangerous condition. This can happen by allowing large potholes to linger, not plowing snow or ice, black ice, failing to fix steps, porches, railing, or a spill off the floor. When this occurs, the Warren, Michigan slip and fall lawyers at the Lee Steinberg Law Firm are ready to fight for you and your family.
Warren Slip and Fall Lawyers with Decades of Experience
Many law firms do not handle slip and fall cases or very rarely handle them. The Lee Steinberg Law Firm has been proudly representing injured victims of the negligence of a property owner or landowner for almost 50 years. And we did so even when the laws were completely stacked against the injured party. Now that the law has become more of an even playing field, our experience and skills representing Warren trip and fall accident victims have taken on even greater importance.
Contact our office today at 248-352-7777 for a free consultation. We look forward to helping you immediately.
What is the difference between premises liability and slip and fall?
A slip and fall case is a type of premises liability case. Premises liability refers to any injury due to the negligence of a landowner, property owner, or property management company that occurs due to an unreasonably dangerous condition on the land. For example, a fall down a staircase because the steps broke or the railing gave way is a type of premises liability case. However, it may not be a trip and fall case.
The laws for both types of cases are very similar. However, it is important to contact the best Warren slip and fall accident lawyer as quickly as possible if you believe there was negligence. These cases are very fact specific and demand a thorough investigation. Waiting too long to do something can hurt and even ruin your case.
What Should I Do After a Slip and Fall Accident?
If you can, there are certain steps a person should take after a slip and fall.
- Take pictures of the dangerous conditions. Get photos or video of the thing that caused you to slip and fall and sustain injury.
- Notify the property owner as soon as possible. It is important to let the owner know a dangerous hazard exists on their property. Get an incident report completed to substantiate the incident took place. Make sure to get a copy of the incident report.
- Go to the hospital or doctor’s office. Even 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 Warren slip and fall lawyer. Do not talk to the insurance company for the property owner until you have first talked to a Warren 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.
Why Is It Important to Hire Warren Slip and Fall Lawyers with Experience?
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 and say the plaintiff was at fault. They usually use two main 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 Warren Michigan slip and fall attorneys assisting you every step of the way. We will protect you from:
- Recorded statements taken by the insurance representative
- Aggressive defense lawyers asking irrelevant questions
- Prior medical or legal issues that have no bearing on the slip and fall and your injuries
Our Warren Michigan personal injury law firm is aggressive in pursuing these 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 all the things needed to win your case.
What is Comparative Negligence in a Warren 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 the 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 the slip and fall were $100,000, but found the plaintiff was 30% at fault for the 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.” While under old Michigan law, a person could not even file a lawsuit if they slipped and fell on an open and obvious condition, the law has changed.
However, the open and obviousness of a condition goes to the comparative negligence of the plaintiff. The more open the hazard is the more likely a judge or jury will find blame the plaintiff for their injuries.
Our Warren 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?
All these questions are relevant and important to your case. But only a Warren personal injury law firm with experience handling slip and fall cases can be successful.
Recovering Compensation from a Warren Slip and Fall Accident
Slip and fall incidents can cause huge financial turmoil. The pain from the injuries along with this financial stress can create great emotional pain. 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 of medical bills
- Money for future medical treatment
- Lost income
- Out-of-pocket expenses
- Pain and suffering
- Emotional distress
- Anxiety and depression
Some damages like pain and suffering are difficult to measure. But we make the insurance company for the landowner or property owner understand the impact the slip and fall has had on your life. There are numerous harms and losses that result from these horrible incidents. We paint a full picture so you get everything you deserve.
Call Us Today – Our Warren, MI Slip and Fall Lawyers Are Ready to Meet You
When you’ve suffered injuries in a slip and fall accident in Warren, MI, you have a lot going on. The attorneys at the Lee Steinberg Law Firm will meet with you and be with you throughout your case. We will fight for the money compensation you deserve by law.
