MICHIGAN SUPREME COURT RULES TO HOLD LANDLORDS AND PROPERTY OWNERS MORE ACCOUNTABLE FOR SLIP AND FALL ACCIDENTS

Slip and fall victims now have a greater chance of recovering damages from property owners, thanks to a groundbreaking decision by the Michigan Supreme Court. The ruling overturned the previous “open and obvious” doctrine that protected premises owners from liability in the majority of cases. As a result, more victims may potentially be able to receive compensation for falls caused by a hazardous condition on someone else’s property. However, slip and fall claims involve a complex set of laws and a multifaceted legal process.

Hiring an experienced slip and fall lawyer is the best way to protect your rights and receive the settlement you deserve.

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HOW DOES THE NEW LAW BENEFIT VICTIMS OF SLIP AND FALL ACCIDENTS?

The recent reinterpretation of the “Open and Obvious” doctrine paves the way for more slip and fall victims to potentially receive compensation for their injuries.

Used to determine liability for slip and fall accidents, the previous law favored property owners rather than victims. Claims were based on the victim’s ability to recognize a potential danger instead of the owner’s duty to remove the hazard or warn visitors about its potential risks. Consequently, while there were some limited exceptions to the rule, most cases were decided in favor of the property owner.

In a groundbreaking joint ruling on two slip and fall cases, Kandil-Elsayed v F & E Oil and Pinsky v Kroger, the Michigan Supreme Court overturned previous “open and obvious” case law that exempted property owners from liability for conditions visible to the average person.

Going forward, the courts will consider whether a landlord breached the duty to maintain a safe premises, along with the degree of fault (if any) on the part of the victim. Because property owners will no longer get an automatic pass, victims are potentially more likely to receive compensation for injuries and other losses resulting from a slip and fall accident.

However, because these cases are complex, hiring an experienced slip and fall lawyer is the best way to protect your rights and receive the compensation you deserve.

Recommended reading: Slip and Fall Statute of Limitations: Everything You Need To Know

WHAT IS THE “OPEN AND OBVIOUS” DOCTRINE?

For more than two decades, property owners have used the “open and obvious” defense to avoid paying compensation to victims of slip and fall accidents. According to the legal definition, a hazard was considered open and obvious if “an average person of ordinary intelligence would have been able to discover the danger and risk upon casual inspection.”

In other words, if an unsafe condition causes a fall, the injured person was typically not entitled to damages if an average individual could see the hazard and realize its potential danger.

The open and obvious doctrine has been redefined and interpreted over the years by a series of Michigan court cases, beginning with Lugo v. Ameritech Corporation, Inc. in 2001. In this case, a woman filed suit after tripping and falling on a pothole in an Ameritech parking lot. The case made its way up to the Michigan Supreme Court, who ruled in favor of Ameritech, concluding that potholes are an everyday occurrence that “a reasonably prudent person” should have noticed.

In addition, the Court established two special circumstances that allow a victim to seek compensation. Exceptions may be made for open and obvious hazards if they meet one or both of the following descriptions:

Unreasonably dangerous

This includes any condition with a “uniquely high likelihood of harm or severity of harm if the risk is not avoided.” The Court used a 30-foot pit in the middle of a parking lot to illustrate this concept. While a crater this size would be easily noticed, falling into it would probably cause life-threatening injuries or death.

Effectively unavoidable

This exception applies to hazards that cannot be reasonably avoided. For example, if a building has only one entrance/exit walkway and it is covered with ice, anyone wishing to leave would have no other option.

Recommended Reading: 30+ Tips for Preventing Slip, Trip and Fall Accidents at Home and at Work

DOES THE NEW LAW AFFECT SLIP AND FALL ACCIDENTS CAUSED BY ICE AND SNOW?

In the past, the “natural accumulation” rule made it difficult for victims of winter slip and fall accidents to receive compensation. The term was based on the supposition that Michiganders should expect snow and ice during the winter months and take appropriate safety precautions when walking outdoors. In addition, landlords and property owners were able to escape liability by claiming snow and ice were “open and obvious” to an average person.

Now, the reinterpretation of the “open and obvious” rule means landlords and property owners are held more accountable for slip and falls caused by icy conditions. Instead of giving property owners an automatic pass in these situations, courts will consider whether they breached the duty to keep their premises safe, along with the degree of fault (if any) assigned to the victim.

Recommended reading: Most Common Causes of Slip and Fall Accidents

WHAT IF I AM PARTLY AT FAULT FOR A SLIP AND FALL ACCIDENT?

The recent law change does not affect Michigan’s “modified comparative negligence” statute, which considers the victim’s role in an accident to determine compensation for personal injury cases.

For example, someone who did not see a step because they were focused on a cell phone, or an individual who wore high heels to walk through an icy parking lot, would be considered partially responsible if they were injured in a fall. In those instances, compensation may be reduced according to the degree of fault assigned to the plaintiff.

For example, if a plaintiff was texting at the time of a fall, compensation may be determined as follows:

• Plaintiff’s attorney negotiates a settlement of $100,000
• Plaintiff is found to be 30 percent at fault
• Settlement is reduced by 30 percent, or $30,000
• Plaintiff receives $70,000, less attorney fees and expenses

Furthermore, a victim who is more than 50 percent responsible for an accident may not receive compensation for non-economic losses such as pain and suffering. This is significant because these intangible damages often comprise the most substantial part of a settlement.

An experienced slip and fall lawyer will help you recover all the benefits and damages you are entitled to.

Recommended reading: How To Find The Best Lawyer For Your Slip And Fall Case

CONTACT OUR EXPERIENCED SLIP AND FALL LAWYERS TODAY

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