The winter months in West Michigan bring not only cold weather, but also the danger of ice. While slip and fall accidents can happen at any time of the year, they become more prominent in the winter season. If you have been injured by slipping, tripping, or falling on someone else’s property, you may be entitled to a significant amount of compensation.
In the case of a winter slip and fall incident, it’s crucial to understand property owner responsibilities, legal rights, and how the open-and-obvious Michigan doctrine impacts icy sidewalk injury claims.
At Shibley Law, we are here to be your Michigan slip and fall lawyer in the case of an accident.
Why Winter Slip and Fall Accidents Are So Common in Michigan
In the winter season, ice-related fall accidents are more likely due to the conditions. Snow, freezing rain, and melt-refreeze cycles lead to dangerous property conditions. Common areas where ice-related fall accidents occur include parking lots, sidewalks, building entrances, and apartment complexes. When these falls happen on one of these premises — wherever it might be — the property owner may be liable for the accident.
Property Owner Responsibilities During Michigan Winters
In Michigan, the legal expectations for homeowners, landlords, businesses, and municipalities are that they keep walkways, entryways, and common areas free of snow and ice to prevent falls. Those liable must take reasonable care of winter maintenance with responsibilities including salting, shoveling, inspection, and timely snow removal.
If you are in a slip and fall accident, one of our Muskegon attorneys at Shibley Law will be able to help you start your case.
How Michigan’s Open and Obvious Doctrine Applies in Winter
The open-and-obvious doctrine in Michigan previously held that property owners weren’t liable if the condition was visible (open and obvious) at the time of a slip-and-fall accident. That was until 2023, when the rule changed after Kandil-Elsayed v. F & E Oil, Inc. In that case, the jury ruled in favor of defendant Ahlam Kandil-Elsayed, who filed a negligence action, after she slipped and fell at a F & E Oil, Inc. operated gas station.
This decision effectively overturned the open-and-obvious defense and held that property owners can still be held liable even if dangerous conditions are visible.
If you or someone you know is in a slip and fall accident, you shouldn’t assume that there isn’t a case just because the snow or ice was visible. Due to this change in the law, you could still be owed compensation.
What to Do After an Icy Sidewalk Injury in Michigan
After an icy slip and fall or injury from a winter accident, it’s crucial to know the steps to take in order to build your claim and receive compensation.
Steps you should take include:
- Seek medical care immediately
- Report the fall to the property owner
- Preserve clothing and footwear
- Document weather conditions
The Evidence You Need for a Slip and Fall Injury Claim
When it comes to making a claim for a winter slip and fall injury, ensuring you have evidence of the premises is essential.
This includes:
- Photos/videos of ice
- Weather reports
- Witness statements
- Maintenance logs (if available)
- Medical documentation
When You Should Contact a Michigan Slip and Fall Lawyer
After a fall, a few indicators suggest legal help is needed. If you have serious injuries, need time off work, have unclear liability, or are dealing with uncooperative property owners or insurance adjusters, it may be time to contact a lawyer.
At Shibley Law, our Michigan slip-and-fall and Muskegon premises liability attorneys can help by investigating the property, proving negligence, handling insurance negotiations, and filing lawsuits, if necessary. We are here to be an advocate for you and your case every step of the way.
Protecting Your Rights After a Winter Slip and Fall Accident
If you are injured in a winter slip and fall incident, you have legal rights. You have the right to pursue settlement or legal action in the case that the property owner did not take reasonable care of their premises to prevent hazardous conditions.
Even under the open-and-obvious doctrine in Michigan, you have options for receiving compensation. If you find yourself in a slip and fall accident, it’s vital to be proactive and seek legal consultation early to protect the integrity of your claim.
Be Prepared Before It Happens
Before a slip-and-fall incident happens, it’s important to know and understand owner responsibilities, the limitations of the open and obvious defense doctrine, and what evidence to gather and preserve after a fall to strengthen your case.
Contact us at Shibley Law for guidance on a slip and fall injury claim or to speak with a Michigan slip and fall lawyer about your case. Call us at 231-725-8444 or fill out the contact form on our website.
Frequently Asked Questions (FAQs)
What should I do if I have a slip and fall accident?
If you’re in a slip-and-fall accident, it’s important to be proactive. First, seek medical care and report the fall to the property owner, then make sure to preserve your clothing and footwear, and document the weather conditions to strengthen your case.
How are property owners held liable?
With the updated open-and-obvious doctrine, property owners can still be held liable for a slip and
fall accident that happens on their premises. You might be owed compensation if they did not take
safety precautions to prevent winter accidents.
When should I contact an attorney?
You should contact an attorney if you are experiencing any of the following:
- Serious injuries
- Need time off work
- Unclear liability
- Uncooperative property owners or insurance adjusters.
Contact us today at Shibley Law to learn more about where to begin in the process.
About the Author, Attorney Loryn Schlinker
If you have been injured in West Michigan through no fault of your own, contact Attorney Loryn Schlinker today for a free consultation.
Passionate and dedicated to the public services field, Loryn Schlinker started her career by assisting underserved clientele that could not otherwise afford legal representation.
Her practice areas include: motor vehicle accidents, slip and falls, dog bites, and premises liability.
Loryn is not only licensed to practice law in the state of Michigan. She is also licensed to practice in the United States District Court for the Western District of Michigan, where she spends time fighting for her clients’ rights to have their medical bills paid by the auto insurance carrier, where their auto insurance and health insurance policies conflict.
