Attorney Advertising.
People roll their eyes at slip-and-fall cases until it happens to them, on a wet floor with no warning sign, or an icy walkway a business never bothered to clear, and suddenly they are the one with a broken wrist and a stack of medical bills. So do you actually have a case? It depends, and Michigan law on this has changed recently.
By Nicholas Somberg, founding attorney at Somberg Law, PLLC in Pontiac, Michigan. Licensed by the State Bar of Michigan.
It is about negligence, not just falling
A property owner is not automatically responsible just because you fell on their property. Generally, you have to show the owner was negligent, meaning they failed to use reasonable care to keep the property reasonably safe or to warn of a hazard they knew about or should have known about.
The open-and-obvious rule has changed
For years, Michigan courts often threw out slip-and-fall cases if the hazard was considered open and obvious. In 2023 the Michigan Supreme Court changed that approach, so an open-and-obvious hazard is now generally treated as part of comparative fault rather than an automatic bar to the whole case. That change opened the door for a lot of claims that used to be dismissed, which is one reason it is worth having a lawyer look at your situation.
What to do after a fall
Get medical attention, report the fall to the property owner or manager, take photos of what caused it if you can, and keep your records. Those early steps can make or break a claim.
Not sure if you have a case?
That is exactly what a free case review is for. Let me look at what happened and tell you honestly where you stand.
Do not face it alone. Call me at (248) 270-5979 or start a free case review, and let’s talk about your situation.
Attorney Advertising. This post is general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship, and no result is ever guaranteed. Every case is different, so talk to a licensed attorney about your situation.
