Slip and fall accidents account for more than 8 million hospital emergency room visits in the United States every year, making them the most common reason for emergency room visits, according to the National Floor Safety Institute (NFSI). Individuals who slipped and fell on someone else’s property may have a claim for the damages they suffered if they can prove the property owner was negligent. A Detroit slip and fall injury lawyer from Ben Crump Law, PLLC may be able to help you establish a personal injury claim. Our team can review the circumstances of your claim during a free case review. Contact us today at (855) 933-4005 to get started.
Michigan Property Owner Responsibilities
The owner or possessor of property in Michigan has certain legal duties to make sure the property they control is safe and that they avoid foreseeable injuries to others. If the property owner breaches this duty, they may be held legally liable for the damages that a victim suffers while on the property.
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Common Slip and Fall Injuries
Some of the most common injuries that people suffer when they slip and fall include:
- Head injuries – People may slip and then fall onto a hard surface that comes into contact with their head, causing traumatic brain injuries, closed head injuries, brain bleeds, and concussions.
- Spinal cord injuries – Some victims suffer spinal cord injuries, herniated discs, and back and neck injuries because of a fall.
- Fractures – Older people are particularly susceptible to suffering one or more fractures when they fall, such as to the hip, arm, wrist, leg, or foot.
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What You Must Prove in a Slip and Fall Claim
Before you can receive any compensation for your injuries, you must be able to show certain legal elements that establish your right to compensation, including:
- There was a dangerous condition on the property
- The dangerous condition caused your fall and injuries
- The owner of the property knew or should have known about the dangerous condition
- You were lawfully on the property at the time of your slip and fall
- The property owner was negligent by failing to properly maintain the property or repair a dangerous condition
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Your Status on the Property
An important aspect of a Michigan slip and fall case is the legal status you had on the property. The greater your status, the higher duty the property owner has, as follows:
- Invitee – A property owner owes the highest duty of care to an invitee, who is a person who is on the property usually for the property owner’s financial gain, such as a customer in a store. The property owner must warn invitees of known dangers and must also regularly inspect the property to identify dangers. The property owner must also take reasonable and prompt steps to correct dangers on the property.
- Licensee – A licensee is a social guest or someone else who is lawfully on the property but not to the level of an invitee. A property owner has the legal duty to warn licensees about dangers on the property that would not be obvious to them.
- Trespasser – A trespasser is someone who does not have legal authority to be on the property or the property owner’s permission. A property owner generally only needs to avoid intentionally harming trespassers. However, the property owner may have some duties to the trespasser if the trespasser is a child or the owner knows about the trespassing and continues to allow it.
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Potential Damages in a Slip and Fall Case
Damages in a personal injury case are the economic and noneconomic harm you suffered. In a slip and fall case, your damages may include:
- Property damage (such as if you were holding something that broke when you fell)
- Current and future medical expenses
- Lost wages and lost earning capacity
- Disability
- Pain and suffering and mental anguish
Limited Time to Bring a Claim
Michigan Compiled Laws § 600.5805 gives you up to two years from the date of your injury to file a personal injury lawsuit. If the injury caused your loved one’s death, you generally have up to three years to file a wrongful death claim. However, you should not wait until this deadline is near because your lawyer will need time to investigate the claim and gather evidence to help you establish it.
Evidence That Can Help You Establish Your Claim
As the plaintiff in a personal injury case, you will have the burden of proving the legal elements discussed above. A Detroit slip and fall injury lawyer can help you obtain evidence such as:
- Photographs or video of the incident that showed your fall
- Documents like incident reports, repair records, and previous complaints that show the property owner knew or should have known about the dangerous condition on the property
- Medical records that connect your injuries and fall
- Eyewitness testimony about how your fall occurred or other witnesses who noticed the dangerous condition on the property before your fall
Our team can help with establishing your claim. We look forward to protecting your rights during this difficult time in your life.
Contact a Slip and Fall Injury Lawyer Serving Detroit Today
If you were hurt in a slip and fall accident, a Detroit slip and fall injury lawyer is available to help you with all aspects of your claim, including investigating it, obtaining evidence to help you prove it, and handling communications with the insurance company so that you can concentrate on your recovery. Ben Crump Law, PLLC can guide you through the personal injury process and advocate for your interests inside and outside the courtroom. Because our attorneys work on a contingency fee basis, you are not responsible for paying attorney fees unless we recover compensation on your behalf. We offer a free case review to discuss your legal rights and options. Contact our firm today at (855) 933-4005 to begin the process.
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