Who Is Liable For Your Broken Hip After A Slip And Fall On Ice In Michigan?
Slipping and falling on ice can cause severe injuries, including hip fractures that require extensive medical treatment. In Michigan, property owners have a duty to maintain safe premises, but winter conditions create unique challenges when it comes to liability. If you have suffered a broken hip after slipping on ice, determining who is responsible is critical to recovering compensation for your medical expenses, lost wages, and pain and suffering. Michigan law outlines when property owners can be held liable and when they may be protected under legal defenses.
Michigan Premises Liability Laws And Slip-And-Fall Accidents
Under Michigan Compiled Laws (MCL) 554.139, property owners and landlords have a duty to maintain their premises in a condition fit for its intended use. This means keeping sidewalks, parking lots, and walkways reasonably safe, especially in winter months when ice and snow create hazardous conditions.
However, Michigan law also follows the “open and obvious” doctrine under MCL 600.2959, which can limit a property owner’s liability. If ice is clearly visible or an average person would recognize the danger, the property owner may not be held responsible. Courts consider factors such as weather conditions, lighting, and whether the owner made reasonable efforts to clear the ice.
Who Can Be Held Liable For A Slip-And-Fall Injury?
Several parties may be responsible for a slip-and-fall accident, depending on where it occurred and who was responsible for maintaining the property.
1. Private Property Owners
Homeowners and landlords have a legal duty to keep their property reasonably safe. If a tenant or visitor slips on ice because the property owner failed to remove snow or treat icy surfaces in a reasonable time, they may be held liable. However, the open and obvious doctrine can provide a defense if the ice is easily visible.
2. Commercial Property Owners And Businesses
Businesses are required to keep their premises safe for customers under MCL 554.139. This includes:
- Plowing and salting parking lots
- Shoveling sidewalks
- Removing snow from entryways
If a business fails to address hazardous conditions, an injured customer may file a premises liability claim.
3. Municipalities And Government Entities
Local governments are responsible for maintaining public sidewalks and streets. However, suing a government entity in Michigan is difficult due to governmental immunity laws (MCL 691.1407). Claims against cities or counties require prior notice and proof that the government was grossly negligent in maintaining walkways.
4. Property Management Companies
If a property owner hires a snow removal company or management firm to clear ice, that company could be held liable for negligence. If they fail to clear hazardous conditions properly, they may be responsible for your injury.
How Comparative Negligence Affects Your Claim
Michigan follows a modified comparative negligence rule under MCL 600.2959. If you are found partially responsible for the accident—such as failing to wear proper footwear or ignoring warning signs—your compensation may be reduced by your percentage of fault. If you are found more than 50% at fault, you cannot recover damages.
Steps To Take After A Slip-And-Fall Accident
If you have fallen on ice and suffered a hip fracture, taking immediate steps to protect your claim is essential.
1. Seek Medical Attention
A broken hip is a serious injury that often requires surgery or rehabilitation. Seeing a doctor ensures your injuries are documented, which is important for your legal claim.
2. Take Photos And Gather Evidence
If possible, take pictures of the ice, lack of warnings, and surrounding conditions. Eyewitness statements and surveillance footage can also support your case.
3. Report The Incident
Notify the property owner, store manager, or landlord about your injury. Request an incident report if the fall occurred at a business.
4. Avoid Speaking To Insurance Companies Without Legal Representation
Insurance companies may try to deny or reduce your claim by arguing the hazard was “open and obvious” or that you were negligent.
5. Consult A Personal Injury Attorney
Michigan slip-and-fall cases involve complex liability issues, especially in winter weather conditions. An attorney can help prove negligence and negotiate a fair settlement.
Slip-And-Fall Injury Frequently Asked Questions
Can I Sue A Property Owner If I Fell On Ice?
Yes, but Michigan law applies the open and obvious doctrine, which can limit liability. If a property owner fails to take reasonable steps to clear ice or fails to warn of dangerous conditions, you may have a valid claim.
What If I Fell On Ice Outside A Business?
Businesses have a duty to keep their premises safe for customers. If a business owner fails to remove snow or treat icy walkways in a reasonable time, they may be responsible for your injuries.
How Long Do I Have To File A Slip-And-Fall Lawsuit In Michigan?
Under MCL 600.5805(2), you have three years from the date of the accident to file a lawsuit. If the case involves a government entity, the timeline may be shorter.
What If The Ice Was Visible?
If the ice was obvious, the open and obvious doctrine could prevent you from recovering damages. However, exceptions exist if the hazard is unavoidable or creates an unreasonable risk.
What Compensation Can I Receive After A Slip-And-Fall?
You may recover medical expenses, lost wages, pain and suffering, and rehabilitation costs. If your injuries result in long-term disability, you may also receive compensation for future medical care.
What If I Slipped On Ice In A Parking Lot?
Parking lots are considered part of a business or property owner’s premises. If they failed to plow or salt the area, they may be liable under Michigan premises liability laws.
Can I still file a claim if I Don’t report the incident immediately?
While it is best to report the accident immediately, a delay does not automatically prevent you from filing a claim. However, the longer you wait, the harder it may be to prove negligence.
Call Ravid & Associates, P.C. For A Free Consultation
If you suffered a broken hip after slipping on ice, you may be entitled to compensation. At Ravid & Associates, P.C., we help injured victims pursue claims against negligent property owners. Our legal team understands Michigan’s premises liability laws and can fight for your rights.
Contact Ravid & Associates, P.C. by calling(248) 948-9696 to discuss potential legal options with one of our Detroit slip-and-fall accident attorneys. We serve clients in Detroit, Southfield, and throughout Michigan. Let us help you secure the compensation you deserve.
