How To Prove A Michigan Slip and Fall Claim
In Michigan, a claim of Slip and Fall is defined as:
A slip and fall claim occurs when a property owner fails to keep his or her property safe for lawful visitors, resulting in injury to a visitor. (May also be referred to as Premises Liability)
It simply means:
A person injures themselves on another’s property due to the owner’s negligence.
There are 5 elements of the claim:
- Element 1. The plaintiff was an invitee on the defendant’s property. The plaintiff was someone who had permission to be on the defendant’s property, like a customer in a store, which is important for proving that the property owner has a responsibility to keep the area safe from hazards.
Facts that might support this element look like:
* The plaintiff entered the defendant’s property to attend a public event that was advertised to the general public.
* The defendant had a duty to maintain safe conditions on the property for all visitors, including the plaintiff.
* The plaintiff was not a trespasser, as they had permission to be on the property during business hours.
* The defendant’s property was open to the public, and the plaintiff was there for a legitimate purpose.
* The plaintiff was actively engaged in a transaction with the defendant, which further established their status as an invitee. - Element 2. The defendant knew or should have known of a dangerous condition on the premises. This means that the person responsible for a property was aware, or should have been aware, of a hazardous situation—like a wet floor or broken step—that could cause someone to trip and fall, and they failed to fix it or warn others about it.
Facts that might support this element look like:
* The defendant received multiple complaints from customers about a wet floor in the store prior to the incident.
* Surveillance footage shows that the defendant’s employees walked past the hazardous area without taking any action to address the danger.
* The defendant had a history of similar slip and fall incidents occurring in the same location, indicating awareness of the risk.
* The area where the fall occurred was poorly lit, making it difficult for patrons to see the dangerous condition.
* The defendant had a regular maintenance schedule but failed to inspect the area where the incident occurred on the day of the fall. - Element 3. The defendant failed to fix the condition or defect, guard against it, or warn the invitee of it. In a slip and fall case, this means the property owner didn’t repair a dangerous condition, take steps to prevent accidents, or inform visitors about the hazard, which can make them responsible for any injuries that occur as a result.
Facts that might support this element look like:
* The defendant was aware of the wet floor condition but did not take any steps to clean it or place warning signs.
* Multiple customers had previously reported the slippery surface to the defendant, yet no action was taken to address the issue.
* The defendant’s employees regularly walked past the hazardous area without attempting to mitigate the risk or warn patrons.
* The defendant had a policy in place for maintaining safety but failed to enforce it in this instance.
* The condition had existed for an extended period, indicating the defendant’s neglect in addressing the hazard. - Element 4. The defendant’s breach caused the plaintiff’s injury. In a slip and fall case, this means that the actions or negligence of the person being sued directly led to the injuries suffered by the person who fell, showing a clear link between the defendant’s behavior and the harm experienced by the plaintiff.
Facts that might support this element look like:
* The defendant failed to place warning signs around a wet floor, which directly led to the plaintiff slipping and falling.
* The defendant neglected to clean up a spilled substance in a timely manner, creating a hazardous condition for patrons.
* The plaintiff had no prior knowledge of the dangerous condition due to the defendant’s lack of proper maintenance and safety protocols.
* Witnesses observed the plaintiff slipping immediately after stepping onto the area where the defendant had failed to address a known hazard.
* The defendant’s maintenance records show that the area where the plaintiff fell had not been inspected for over a month, indicating negligence. - Element 5. The plaintiff suffered damages. In a slip and fall case, the plaintiff must show that they experienced real harm, like injuries or financial losses, as a result of the fall, proving that the accident had a negative impact on their life.
Facts that might support this element look like:
* The plaintiff slipped on a wet floor in the defendant’s store and fell, resulting in a fractured wrist.
* Following the fall, the plaintiff incurred medical expenses totaling over $5,000 for treatment and rehabilitation.
* The plaintiff experienced significant pain and suffering, which affected their ability to perform daily activities.
* Due to the injury, the plaintiff missed three weeks of work, resulting in lost wages of approximately $2,000.
* The plaintiff’s fall caused emotional distress, leading to anxiety and a fear of returning to public places.
(See Kandil-Elsayed v. F & E Oil, INC., 1 NW 2d 44 – Mich: Supreme Court 2023. Lowrey v. LMPS & LMPJ, INC., 890 NW 2d 344 – Mich: Supreme Court 2016. Riddle v. McLouth Steel Prod. Corp., 440 Mich. 85, 96, 485 N.W.2d 676 (1992). Lanctoe, 492 Mich. 450, 460, 821 N.W.2d 88 (2012).)
If you’re in court without a lawyer and plan to assert a Claim of Slip and Fall, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to navigate your Slip and Fall claim effectively.
Prove Your MI Slip and Fall Claim
U.S. Civil Cases Only