What is the Statute of Limitations on a Slip and Fall Case in Michigan?
October 1, 2018
Did you know:
1 out of every 4 Americans age 65 and older falls every year?
Falls are the leading cause of fatal and serious injuries for older Americans?
Those who have fallen during the past year have a greater risk of falling again?
If you are injured from a fall on someone else’s property, you may be eligible to file what is known as a “slip and fall” claim. Because the laws surrounding a slip and fall case are quite complex, it is best to hire a qualified Michigan slip and fall attorney to ensure you receive the compensation you deserve.
The Statute of Limitations for Slip and Fall Claims
The term “statute of limitations” refers to the period of time you have to file a lawsuit. In Michigan, the statute of limitations is three years from the date of a fall that occurred on private property. Children have until one year after their 18th birthday to either resolve a claim or file a lawsuit, regardless of when the fall happened.
The time limit is much shorter for falls that occur on public property.
Legal experts agree it is best to act as quickly as possible if you or a loved one is injured as the result of a fall. As time passes, there is a greater likelihood that physical evidence of the conditions that caused the fall will disappear and the memories of potential witnesses will fade.
Hiring the Right Slip and Fall Lawyer
The first step is to retain an experienced slip and fall lawyer – before you sign any papers from the property owner or their insurance company. A knowledgeable attorney will understand the complex elements of a slip and fall case; such as proving negligence, obtaining evidence and medical records, determining how the “open and obvious” doctrine applies and other issues that affect the outcome of the lawsuit. Make sure to find a lawyer who will not require a retainer or other payments until your case is won.
The first day of fall marks the beginning of Fall Prevention Awareness Week (Sept. 22 – 28). Here are some tips to help prevent falling or tripping:
- Don’t use a cell phone while walking. Texting prevents you from watching where you are going, and even talking can be distracting.
- Ask your doctor to perform an assessment to determine your risk of falling. Risk factors can include osteoporosis, balance issues, changes in vision and certain medications that can cause dizziness or drowsiness. Develop a plan to decrease your fall risk based on the factors found during the assessment.
- Develop an exercise plan to improve balance, flexibility and core strength. Exercise decreases the risk of falling, and also aids recovery for those who do fall. Low-impact types of physical activity, such as Tai Chi, help improve balance and reduce the risk of falling.
- Wear the right shoes for the terrain and weather conditions. Wear rubber-soled boots or non-slip shoes when necessary and save the smooth-soled shoes or high heels for indoor wear.
- Make sure your environment is free of falling hazards. At home, install grab bars in the shower or tub, and put non-stick treads on stairs and remove loose rugs. Report broken sidewalks or other hazards to your municipal officials. Nursing homes and extended care facilities have a duty to provide a safe environment that includes adequate lighting, handrails in the hallways and slip-free walking surfaces. Report any unsafe conditions to someone in authority.
“If you or a family member is injured in a slip and fall accident, call us immediately,” says Mark Bernstein of The Sam Bernstein Law Firm. “We will assess your case and fight to win the compensation you and your family deserve.”
Slip and fall law is complicated, but finding the right lawyer for your slip and fall case is simple.
Call 1-800-CALL-SAM today for a free no-obligation consultation.