It Wasn't "Just an Accident"
We hear it all the time: "I should have been more careful." Clients often blame themselves when they slip on an icy sidewalk, a parking lot, or a wet entryway. But in many cases, that fall wasn't caused by your clumsiness, it was caused by a property owner's decision to save money by ignoring safety.
In Michigan, store owners, landlords, and businesses have a legal duty to maintain their premises in a reasonably safe condition. This includes managing snow and ice. When they fail to salt, sand, or plow, and you end up with a broken hip, a concussion, or a spinal injury, they should be held accountable. However, Michigan law makes these cases difficult, which is why you need Shiraz Law Firm on your side.
The "Open and Obvious" Defense Explained
For decades, insurance companies in Michigan used a defense called "Open and Obvious." They would argue: "It's winter in Michigan. You know there is ice. You should have seen it." For years, this defense killed valid lawsuits.
However, the legal landscape is shifting. Recent rulings by the Michigan Supreme Court have changed how this defense is applied, making it fairer for victims. It is no longer an automatic "get out of jail free card" for lazy landlords. Even if the ice was visible, the owner may still be liable if the condition was "unreasonably dangerous" or if it was "effectively unavoidable" (meaning you had no other way to enter the building).
Proving the "Notice" Requirement
To win a slip and fall case, we must prove that the owner "knew or should have known" about the danger. This is where the investigation by Shiraz Law Firm is critical. We don't just take your word for it. We gather evidence:
- Surveillance Video: To show how long the ice was there before you fell.
- Maintenance Logs: Did they plow that morning? Did they salt? Or did they skip it to save $50?
- Weather Reports: To prove the conditions warranted action.
Don't Wait for the Ice to Melt
Evidence in slip and fall cases disappears literally overnight. If you fall, try to take photos of the ice or snow immediately. Get the names of witnesses. Then, call us.
At Shiraz Law Firm, we know how to navigate the complex premises liability laws in Michigan. We fight to ensure that business owners prioritize your safety over their profits. If you've been hurt on someone else's property, let us help you get back on your feet.
