Ice and Snow Injury Lawyer in Michigan
If you’ve been injured due to falling on ice or snow on someone else’s property, it’s essential to seek the guidance of an experienced ice and snow injury lawyer in Michigan.
After a snowstorm or another cold weather event, business owners must follow Michigan law and keep their business premises free of snow, ice, and other dangerous surfaces. Neglecting to do so can endanger their customers and expose them to severe injuries, such as muscle sprains, broken bones, and traumatic brain injuries.
If you slipped and fell on a business’s premises due to ice or snow, the owner may have acted negligently, and you may be entitled to compensation. A slip and fall lawyer at Cochran, Kroll, & Associates, P.C. can help you file a premises liability claim to obtain a fair settlement for your damages.
Common Causes of Ice and Snow Injuries
Michigan’s winters, characterized by cold temperatures and snow, increase the likelihood of slips and falls on icy or snowy surfaces as a seasonal hazard. Business owners are responsible for ensuring their customers’ safety, even during these periods.
If businesses and property owners fail to take the necessary precautions or provide warnings to their visitors, they may be liable for injuries caused by any of the following:
- Slipping on a wet, snowy, or icy surface. As snow and ice accumulate on walking surfaces, they become more slippery, increasing the risk of slips, falls, and potential injuries. Even as weather conditions improve and temperatures rise, melting snow or ice can maintain the slipperiness and danger of these surfaces.
- Poor or insufficient lighting. Low lighting in areas covered in snow or ice can make it more difficult for some to see a dangerous surface. Visibility issues can conceal the presence of ice or make it harder to estimate the depth of a patch of snow, increasing the risk of an accident.
- Lack of appropriate warning signs. During winter, it’s not always possible to completely clear snow or ice from business areas. Common snow and ice accumulation spots include parking lots, staircases, and outdoor pathways. Businesses must post signs and warn customers and pedestrians about these potentially hazardous surfaces.
- Improperly cleared snow. Business owners need to be cautious that their snow removal efforts do not pose a risk to others. If snow is not cleared properly, it can lead to obstructed pathways or uneven surfaces for walking, which heightens the possibility of falls.
When is an Ice and Snow Injury Considered a Personal Injury Accident?
While the risk of accidental falls increases during the colder months, you might question if someone else is liable for an injury caused by ice and snow. Consulting with a personal injury attorney can assist in assessing if your situation qualifies as a personal injury incident. There are four key factors taken into consideration:
- Location and circumstances. For a case to be considered a personal injury accident, your slip and fall must have occurred on another person’s property. Common locations include private businesses and public walkways.
- Negligence and breach of duty of care. It’s necessary to prove that the owner or entity in charge of the premises had a duty of care towards you. Additionally, you need to show that they did not take reasonable steps to warn or safeguard people from risks, evidenced by the absence of warning signs or adequate lighting.
- Establishing causation. You must demonstrate that your injuries could only have been caused by the premises owner’s negligence.
- Proving your injuries. Documenting all injuries and expenses you incurred due to the fall will help you prove the exact extent of your damages. For example, keep records of your medical expenses, prescription costs, lost wages, and pain and suffering.
What Damages Can You Win After an Ice or Snow Injury Accident?
A slip and fall accident on an icy or snowy surface can potentially result in severe injuries. Depending on the specifics of your accident, an experienced personal injury lawyer can help you recover compensation for the following:
- Medical expenses. Compensation for medical expenses includes medical treatment costs, surgeries, hospital stays, doctor visits, ongoing therapy, prescription medications, and all other current and future care.
- Lost wages and earning ability. If the injuries prevented you from going to work, you can be compensated for each day of work you missed. More serious injuries can cause long-term loss of future earnings capacity, for which you can also receive damages.
- Pain and suffering. Slip and fall accidents can cause intense and lasting pain, stress, and anxiety, affecting your quality of life. An experienced personal injury lawyer can help you estimate the impact of your pain and suffering and include it in your compensation estimation.
- Property damage. If some of your personal property was broken during the fall, you may be able to seek compensation for repairs or replacements. Common examples include damaged eyeglasses or broken smartphones.
Our senior partner, Eileen Kroll, can use her experience as a registered nurse to assess your injuries and assist you during legal consultations. Her combined knowledge of Michigan law and healthcare allows her to fully understand and accurately estimate the damages you may be owed.
How Can an Ice and Snow Injury Lawyer Help You Recover Compensation?
If you’ve suffered an ice and snow injury in Michigan, our attorneys at Cochran, Kroll, & Associates, P.C. can help you seek compensation. We’ll review your case and explain Michigan’s legal rules, and can assist you with the following:
Investigation of Your Case
We can evaluate your claim to determine the likelihood of compensation and collect evidence to strengthen your case. This includes documenting hazardous conditions like severe ice buildup and snow accumulation.
Next, we’ll establish a connection between the incident and the property owner’s actions, determining if they were negligent, for instance, by showing they didn’t use appropriate signage.
Understanding How Michigan Laws Affect Your Case
On July 28, 2023, the Michigan Supreme Court overturned the Open and Obvious Doctrine, ending two decades of legal precedent. Previously, under the law’s interpretation, securing compensation would have been considerably more challenging if the dangerous conditions leading to your injuries were deemed openly and clearly visible.
With the overruling of the legal doctrine, the clear visibility of a hazardous surface is no longer the sole deciding factor in determining the viability of your case. This aspect is weighed along with other factors more evenly to assess a property owner’s liability.
This means business owners are now more rigorously expected to maintain safe premises. For example, it’s no longer necessary to prove that the hazard causing your injuries was not obvious to have a possibility of receiving compensation.
A slip and fall on ice lawyer fights for your rights, negotiating with insurance companies to secure fair compensation for your injuries and losses. If the negotiations fail or a compensation amount cannot be agreed upon, your lawyer will continue to represent you and explain your legal options.
If necessary, they can assist you in filing a lawsuit and argue your case in court, ensuring the responsible party is held liable for their actions.
Get Help From a Michigan Slip and Fall Lawyer
If you’re looking for a lawyer specializing in ice and snow injuries after a slip and fall incident, Cochran, Kroll, & Associates, P.C. offers experienced personal injury attorneys who can assist you in pursuing the compensation you deserve.
Our Michigan-based ice and snow injury lawyers are knowledgeable in the complexities of slip and fall cases and can support you throughout the process.
Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free consultation.
Can you sue for slipping on ice in a parking lot in Michigan?
Yes, you can sue in Michigan for slipping on ice in a parking lot. Property owners are legally required to keep their premises safe, including managing ice and snow accumulation to prevent slip and fall accidents.
Can you sue for pain and suffering?
You can sue another party for pain and suffering as part of a personal injury claim, such as a slip and fall on ice or snow. You must be able to establish a link between the other party’s negligence and your pain and suffering.
Can I get compensation for slipping on ice in Michigan?
Yes, under certain circumstances and depending on your degree of fault. Michigan follows the modified comparative negligence rule. Under this principle, you may not receive compensation for your injuries if the courts find you 51% or more at fault.
Can you sue for personal injury in Michigan?
If you file a lawsuit on time, you can sue another party for personal injuries in Michigan. State law imposes a three-year statute of limitation on most personal injury cases.
How much do slip or trip fall injuries cost?
The expenses associated with injuries from slips, trips, and falls differ widely and depend on several unique factors for each case. These include the severity of your injuries, the amount and intensity of medical treatment needed, and how your injuries affect your work and quality of life.
RESULTS-DRIVEN TRACK RECORD
Medical Malpractice / Birth Injury
A young couple from Monroe, Michigan, was awarded a $15.8 million verdict as the result of their baby son, Jason, being inflicted with Cerebral Palsy as the result of an error during the final stages of a labor.
Result: $15.8 Million
Medical Malpractice/Wrongful Death
Oakland County, Michigan
While in the hospital a mother of three was not properly treated for a closed-head injury causing her untimely death.
Result: $1 Million
Accidents & Injuries/Brain Injury
A Livonia pedestrian recovered $1.4 million when he was struck by a commercial van resulting in a traumatic brain injury in Redford, Michigan.
Result: $1.4 Million
Medical Malpractice / Misdiagnosis
Wayne County, Michigan
Patient suffered cardiac arrest and brain damage when a hospital failed to recognize internal bleeding and treatment was delayed for more than 14 hours.
Result: $9 Million
Accidents & Injuries/Auto Accident
Tuscola County, Michigan
A Tuscola County jury awarded $3.3 million to a severely brain injured motorist as the result of a defective Michigan highway.
Result: $3.3 Million
Accidents & Injuries/Construction Site Injury
A seventeen-year-old construction worker suffered a traumatic brain injury resulting from a fall in Flint, Michigan, and was awarded $1.25 million.
Result: $1.25 Million
Wayne County, Michigan
Middle-aged woman suffered severe disfiguring facial burns from a simple surgical procedure.
Result: $1.9 Million
Medical Malpractice / Birth Trauma
Child developed cerebral palsy with developmental delays due to lack of oxygen and brain injury during labor and delivery.
Result: $3.8 Million
Accidents & Injuries/Construction Site/Workplace Injury
A Westland construction worker recovered $1.5 million after sustaining a traumatic brain injury while on a construction site in Detroit, Michigan.
Result: $1.5 Million
Accidents & Injuries/Truck Accident
A Marlette, Michigan, family reached a $1.3 million settlement in the traffic death of their 5-year-old son when they were struck by a semi truck.
Result: $1.3 Million
Medical Malpractice/Cancer Misdiagnosis
The misdiagnosis of breast cancer resulted in a Redford, Michigan, woman recovering $225,000.
A construction worker redeemed his worker’s compensation case for $125,000 in Detroit, Michigan.
Accidents & Injuries/Auto Accident
A paraplegic woman from Monroe, Michigan, recovered Michigan no-fault benefits including the purchase of a new home and attendant care in excess of $400,000.
Medical Malpractice/Birth Injury
Brighton, Michigan; Detroit, Michigan
A Brighton family recovered $1.3 million and a Detroit family recovered $900,000 as the result of birth injuries and medical malpractice to their children.
Accidents & Injuries/Auto Accident
Bay City, Michigan
A Bay City grandmother was awarded $80,000 following an auto accident resulting in a broken leg.