Michigan Slip & Fall Accident Lawyer

Injured in a Slip and Fall? Call Haque Legal for a Free Consultation

Slip and fall injuries can be devastating and even life-changing. You may have sustained serious injuries in a fall, such as a head injury or a spinal cord injury. Or perhaps you were only mildly injured but you were still unable to work for a period of time because of the accident.

Whatever your situation, you deserve compensation for your injuries and for your losses. At Haque Legal, we understand what you are going through, and we are here to help.

We are committed to protecting the rights of slip and fall accident victims. Our goal is to see that you receive the compensation you deserve. We know how to navigate the legal system and we are prepared to do whatever it takes to win your case.

If you have been injured in a slip and fall accident, you should not have to worry about how you will pay your bills. Let us do the worrying for you. Call our Michigan slip and fall attorneys at Haque Legal to discuss your case in a free consultation.

What Is a Slip & Fall Accident?

A slip and fall accident occurs when someone is injured due to a hazard on another person's property. Common slip and fall accidents occur in grocery stores, department stores, restaurants, museums, offices, and other commercial properties. These accidents can occur, for example, when a floor or a stairway is wet or when a floor mat is missing or improperly placed.

Under Michigan law, the owner of the property or even just the processor has the legal duty to make sure that every person is safe in their premises. The business or the property owner will always be held liable for the payment of damages if a person is injured and it is proven that the cause of the injury was the dangerous condition of the property and the failure of the property owner or management to maintain it.

Of course, the injured party needs to prove certain conditions to hold the property owner or manager liable for their injuries.

Elements of a Slip and Fall Case

In a slip and fall case, you need to establish four basic elements:

• That the defendant owed you a legal duty;
• That the defendant breached that duty;
• That the defendant’s breach of his or her legal duty was a proximate cause of your injuries; and
• That you suffered damages as a result of the defendant’s breach of the legal duty.

Who Is Liable for a Slip & Fall?

The first step is to establish that the defendant owed you a legal duty. The legal duty arises because the defendant has possession or control over a property.

Does this mean ownership of the property?

No, the Michigan Supreme Court is clear that ownership and control are different concepts in the premises liability law in Michigan. There is a big difference between who owns a property and who has control over it. This is why individuals can either sue for premises liability or general negligence, or both, in the State of Michigan. 

For example, a shop owner who is renting a space for his coffee shop will be liable to take care of the premises, including the sidewalks in front of the store. If an individual falls and slips on the pavement, it is the shop owner who becomes responsible and not the owner of the property under the premises liability law.

Once it has been determined who is the one who has control over the property in question, it becomes important to identify the legal duty of the defendant to the injured party.

The Legal Duty of Property Owners

The extent of the legal duty that the defendant owes to the injured party depends primarily on the purpose of why the plaintiff was on the property in the first place. 

Invitees

Individuals who are on the premises as invitees for a commercial benefit such as a coffee shop, a retail store and other instances of a commercial benefit are considered as invitees. Invitees to a property must be kept in a safe condition as they walk through the premises. A possessor of a property, or the defendant in the case, is required to keep the premises in a reasonably safe condition for the invitees. 

The invitees must be kept informed of the following:

• Any dangers that the possessor knows would affect the invitee;
• Any dangers that the possessor should warn the invitee about; and
• Any dangers that are present on the property.

Unless the dangers are open and obvious, it is incumbent upon the defendant-possessor to inspect the premises and make sure that nothing gets past them.

Licensees

The second kind of plaintiff would be the licensees. Licensees are individuals who are on the land with the express and the implied permission of the defendant-possessor. For licensees, the liability’s extent is smaller. Typically, social guests at the home of the defendant-possessor are considered licensees.

Trespassers

Trespassers are individuals who enter the property of another without any permission. A trespasser will not have any rights under the premises liability law, even if he is injured on the property of the defendant-possessor. However, the defendant-possessor is required to refrain from any action on the property which could cause great bodily harm or death to the trespasser if he is aware of their presence on the property.