Injuries can happen anywhere and at any time. They can happen at home, at work, at the store, or in a public place. Slip and fall accidents can happen when someone else is careless, when a property owner fails to keep a property safe, or when a property owner does something that makes the property dangerous without warning guests. No matter what caused your slip and fall accident, you may be entitled to compensation for your injuries.
At Bashore Green Law Group, our Rochester slip and fall lawyer is ready to advocate for you. We know how to investigate the accident and determine whether the property owner is liable for your injuries. We know how to calculate the damages you have suffered, and we know how to negotiate a fair settlement with the insurance company. If negotiations fail, we are ready to go to trial and fight for the compensation you deserve.
Call (248) 487-1887 or contact us online to schedule a consultation with our team.
What Is a Slip & Fall Accident?
A slip and fall accident can happen anywhere there is a slip hazard or a fall hazard. Slip and fall hazards are things like:
Spilled Liquids
Wet Floors
Debris on the Floor
Defective Guardrails or Railings
Uneven Floors
Broken Stairs
Anything That Can Cause Someone to Slip, Trip or Fall
Slip and fall accidents can happen anywhere there is a hazard, including homes, offices, stores, parking lots, sidewalks, and roads.
Who Is Liable for a Slip & Fall Accident?
In Michigan, various parties may be potentially liable for a slip and fall accident, depending on the circumstances and the location of the incident. Liability can be attributed to:
Property Owner: The property owner is often the primary party responsible for maintaining a safe environment on their premises. This includes homeowners, landlords, and business owners. Property owners have a duty to inspect, repair, and address hazards on their property.
Business Operators: In commercial settings, the business operator or tenant may be liable if they have control over the property's maintenance and safety. This can include retail stores, restaurants, and other businesses.
Property Management Companies: In cases where a property management company is responsible for maintaining and managing the property on behalf of the owner, they may share liability if they failed to address known hazards.
Government Entities: In some cases, slip and fall accidents may occur on government-owned properties or public spaces. Government entities can be held liable if they were negligent in maintaining the premises, such as failing to repair sidewalks or clear ice and snow on public property.
Contractors and Maintenance Companies: If a slip and fall occurs due to negligent maintenance or repairs performed by contractors or maintenance companies hired by the property owner, those entities may be held liable for the accident.
Manufacturers or Suppliers: In certain cases, a slip and fall may result from a defective product or a hazard caused by a product, such as a slippery floor due to a product spill. The manufacturer or supplier of the product may be liable.
Employees: Employees of a business or property owner can be held liable if their actions or negligence contributed to the slip and fall accident. For example, if an employee fails to clean up a spill promptly or places an obstacle in a walkway, they may be individually liable.
Security Companies: In cases where inadequate security measures contribute to a slip and fall accident, the security company responsible for maintaining safety on the premises may be liable.
Third Parties: In some situations, third parties not directly associated with the property or business may be liable. For instance, if a delivery person causes a spill that leads to a slip and fall, they may be held responsible.
Snow and Ice Removal Contractors: In Michigan, where winter weather can create hazardous conditions, snow and ice removal contractors may be held liable if they fail to properly clear and maintain safe walkways and parking areas.
It's important to note that determining liability in a slip and fall case can be complex and often depends on the specific facts of the case. Liability may be shared among multiple parties, and Michigan's comparative fault system can also affect the outcome. If you experience a slip and fall accident, consulting with an experienced Rochester slip and fall accident attorney is advisable to assess your case and pursue a claim against the appropriate parties.
Does My PIP Insurance Cover Slip and Fall Accidents?
Michigan has a unique no-fault auto insurance system, and PIP coverage in Michigan does extend to certain injuries that occur outside of auto accidents, including some injuries that may occur on someone else's property.
In Michigan, PIP coverage is designed to provide medical and related benefits for injuries sustained in motor vehicle accidents, regardless of fault. This coverage typically includes medical expenses, wage loss benefits, and other necessary expenses related to the accident, such as home modification costs for accident victims with disabilities.
Michigan's no-fault system also includes a provision known as "non-auto no-fault," which means that PIP benefits can extend to certain situations where a person is injured outside of a motor vehicle accident. This can include situations like being hit by a motor vehicle as a pedestrian or being injured while using a bicycle. So, in some cases, PIP insurance in Michigan can provide coverage for injuries that occur outside of auto accidents and on someone else's property, depending on the circumstances.
However, the specific details of PIP coverage can vary based on the policy and the specific circumstances of the injury. It's essential to consult with your attorney and insurance provider to review your policy and understand the extent of coverage.
Does Homeowner's Insurance or Business Owner's Insurance Cover Slip and Fall Accidents?
In Michigan, as in many other states, a homeowner's or business owner's insurance policy may be liable for someone's injuries after a slip and fall accident if the property owner is found to be negligent. Liability in slip and fall cases typically depends on the following key factors:
Duty of Care: Property owners have a legal duty of care to ensure that their premises are reasonably safe for visitors. This duty of care applies to both homeowners and business owners. They must take reasonable steps to maintain the property and address any hazards or dangerous conditions.
Negligence: To establish liability, it must be shown that the property owner was negligent in maintaining the property or failed to take reasonable steps to prevent slip and fall accidents. Negligence can include actions like not cleaning up spills promptly, failing to repair a broken step, or not providing adequate warnings for known hazards.
Causation: The injured party must demonstrate a causal link between the property owner's negligence and the slip and fall accident. In other words, they must show that the dangerous condition or the property owner's actions directly led to the injury.
Damages: To make a claim, the injured party must have suffered actual damages, such as medical expenses, pain and suffering, lost wages, or other related costs.
Comparative Fault: Michigan follows a comparative fault system, which means that if the injured party is partially at fault for the accident, their recovery may be reduced by their percentage of fault. For example, if a court determines that the injured person was 20% at fault for the slip and fall due to their own carelessness, their compensation may be reduced by that percentage.
When someone slips and falls on another person's property in Michigan, they typically need to follow these steps to seek compensation:
Seek medical attention immediately for their injuries.
Document the scene of the accident, including taking photos of the hazard if possible.
Report the incident to the property owner or the business where the fall occurred.
Gather witness information if there were any witnesses to the accident.
Consult with a personal injury attorney who specializes in slip and fall cases to evaluate the situation and determine if there is a viable claim.
The homeowner's or business owner's insurance may become involved in the claim process if it's determined that the property owner was negligent, and the insurance policy covers such liabilities. It's essential to work with legal professionals who are experienced in handling slip and fall cases to navigate the complexities of the legal process and insurance claims in Michigan.
When Can I Sue After a Slip and Fall Accident?
If you are injured in a slip and fall accident at a private residence, you may be able to sue for damages if you have a guest pass or if you are a guest at the property. You may also be able to sue if you were delivering a package or if you were a repair person or delivery person making a service call. You may also be able to sue if you were a trespasser at the time of the slip and fall accident.
How a Rochester Slip & Fall Lawyer Can Help
The insurance company will likely offer you a low settlement offer right away. They want to settle as many cases as possible at a low cost. However, the insurance company will only settle if the settlement is more than what they expect to pay. If the insurance company expects to pay less than what they are offering, they will not settle. They will wait for the case to go to trial and hope the jury does not award you a large settlement or verdict.
If the insurance company offers you a low settlement, call the attorneys at Bashore Green Law Group. Our slip and fall attorney can negotiate with the insurance company on your behalf and fight for the compensation you deserve.
Recoverable Damages in a Slip & Fall Case
The damages you can recover in a slip and fall case depend on the circumstances of the accident. If you were injured but not seriously, you may be able to recover damages for your pain and suffering. If you were seriously injured, you may be able to recover damages for your medical bills, lost wages, and more.
The following are some of the damages you may be able to recover in a slip and fall case:
Medical bills
Lost wages
Pain and suffering
Property damage
Physical and emotional trauma
Our Rochester slip and fall attorney can help you prove that you have suffered damages and calculate how much you are owed. We know how to calculate your damages and how to make a strong case for the compensation you deserve.
Schedule a Consultation with Our Team
If you or a loved one has been injured in a slip and fall accident, the insurance company will likely reach out to you right away. They want to settle as many cases as possible at a low cost. However, the insurance company will only settle if the settlement is more than what they expect to pay. If the insurance company expects to pay less than what they are offering, they will not settle. They will wait for the case to go to trial and hope the jury does not award you a large settlement or verdict.
If the insurance company offers you a low settlement, call the attorneys at Bashore Green Law Group. Our Rochester slip and fall attorney can negotiate with the insurance company on your behalf and fight for the compensation you deserve.
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