SIDEWALK SLIP AND FALL: DO I NEED AN ATTORNEY?

WHO IS RESPONSIBLE FOR A SIDEWALK SLIP AND FALL ACCIDENT?

While slip and fall claims may seem straightforward, not every person injured on someone else’s property has grounds for a lawsuit. To recover compensation, the plaintiff generally must prove the fall was the direct result of negligence on the part of the landlord or property owner. Because Michigan slip and fall laws are complex, these cases are more challenging than people realize.

Under Michigan law, property owners have a duty to maintain safe premises. However, they are not automatically liable for every unsafe condition on their property.

According to Michigan premises liability law, which governs most slip and fall cases, the plaintiff has to show the property owner knew, or should have known, about a hazard and failed to address it in order to prove negligence.

DO I NEED A LAWYER FOR A SIDEWALK SLIP AND FALL CASE?

Research shows clients who are represented by experienced slip and fall lawyers achieve better financial outcomes than those who represent themselves. In addition, slip and fall cases are often more complicated than people realize.

Here are some of the many services and benefits a knowledgeable sidewalk slip and fall lawyer provides:

• Completing and submitting legal forms and other supporting documentation in compliance with filing deadlines and other specifications
• Obtaining and evaluating medical records
• Offering peace of mind to the victim by handling every detail of a case from beginning to end
• Providing the necessary legal expertise and resources to build a winning case
• Negotiating with the property owner or insurance company to win the maximum amount of compensation, including future needs
• Waiting until a case is won to collect fees
• Arguing convincingly before a judge and jury if the case goes to trial

CAN I SUE THE LANDLORD IF I FALL ON THE SIDEWALK OF AN APARTMENT COMPLEX?

In many cases, yes. Michigan landlords are generally required to maintain their rental properties, including common areas such as sidewalks, in “reasonable repair.” This means the property owners have a duty to keep these areas relatively safe for tenants and visitors. 

Examples of conditions that could lead to serious injuries include:  

• Broken or uneven concrete on sidewalks or walkways
• Stairway hazards such as defective steps or landings
• Loose or missing handrails
• Inadequate lighting, including burnt out bulbs
• Large puddles or wet floors due to leaks or broken pipes
• Faulty elevators
• Porches, steps or handrails with rotting wood

However, to prevail in a lawsuit, the plaintiff must prove the property owner was negligent. In most cases, this means showing the landlord or property owner “knew or should have known” about the hazard and failed to remove or repair it within a reasonable time period.

Liability for slip and fall injuries in apartment complex parking lots may be more complicated. Courts may consider a variety of factors, including the condition of the parking lot and whether the hazards were addressed in a timely manner. LIability may be subject to the specifics of an individual case. 

Nevertheless, because most exceptions can be subject to interpretation, it pays to consult an experienced slip and fall lawyer if you are injured on the premises of an apartment complex.

WHAT HAPPENS IF THE SIDEWALK IS ON PUBLIC PROPERTY?

Obtaining compensation for a slip and fall case against a city or other municipality is different, and more difficult, than suing a private property owner. Specific standards must be met and the filing deadlines are typically much shorter than the three-year statute of limitations for other personal injury claims.

Additionally, most states, including Michigan, along with counties, cities and other municipalities are generally protected by governmental immunity, which can make it difficult to recover damages even if the fall was caused by negligence.

Because these laws are complex, it can be possible to win compensation from a municipality. Therefore, it is worthwhile to contact a knowledgeable sidewalk slip and fall lawyer if you are injured on public property.

PUT OUR EXPERIENCED SIDEWALK SLIP AND FALL LAWYERS TO WORK FOR YOU TODAY!

If you were injured in a fall on someone else’s property, we can help. The knowledgeable sidewalk slip and fall attorneys at the Sam Bernstein Law Firm know what it takes to build a winning case and we will fight to win the compensation you deserve. 

Slip and fall law is complicated, but finding the right slip and fall lawyer is simple.

Get your case started today by clicking the button below or contact us for a free, no-obligation remote consultation with a member of our legal team.