Slip and Fall Injury: When To Consult a Lawyer in Michigan
Legally Reviewed and Edited by: Terry Cochran

Slip and fall injury claims in the USA are among the most frequent and severe types of personal injury incidents—making up 35% of non-fatal accidents. In 2022, more than 8.5 million people visited the emergency room after a slip and fall, and over 46,600 tragically died in falls at home or work.
Unfortunately, many of these accidents are caused by a property owner’s negligence. Slippery walkways, poorly maintained stairs, and inadequate lighting are some of the hazards that lead to serious injuries.
If you suffer a slip and fall accident in Michigan, you may be able to seek damages to help cover your medical expenses and lost wages. Learn your rights after a slip and fall and how our skilled premises liability attorneys at Cochran, Kroll, & Associates, P.C. can help you pursue compensation.
Common Causes of Slip and Fall Accidents in Michigan
Slip and fall accidents often result from dangerous conditions that could have been prevented. Property owners have a responsibility to address hazards, but neglecting maintenance or safety measures frequently leads to injuries.
Cause | Description | Example |
---|---|---|
Slippery or Wet Floors | Leaks, spills, or recently mopped surfaces without clear warning signs can easily cause someone to lose their footing. | A grocery store fails to clean up a spill in the produce aisle, and a customer slips and injures their back. |
Uneven Surfaces | Cracked sidewalks, potholes, or improperly laid flooring often catch people off guard and lead to trips or stumbles. | A cracked sidewalk outside an office building causes a pedestrian to trip, resulting in a sprained ankle. |
Inadequate Lighting | Cords, debris, or improperly stored objects left in high-traffic areas increase the chance of tripping. | A dimly lit apartment stairwell hides a loose step, leading to a tenant falling and breaking their wrist. |
Cluttered Walkways | Dim or poorly lit areas, such as stairwells and parking lots, make it difficult to see hazards and navigate safely. | A retail store leaves boxes in the aisle during restocking, causing a shopper to trip and hit their head. |
Damaged Stairs or Handrails | Broken steps, loose railings, or unstable staircases reduce stability and put people at serious risk of falling. | A wobbly handrail at a restaurant staircase gives way, causing a diner to fall down the steps and sustain multiple injuries. |
Understanding common causes is crucial, but equally important is knowing when a property owner’s negligence makes them liable for your injuries.
When Is a Property Owner Responsible for Your Injuries?
Under premises liability laws in Michigan, property owners have a legal duty to maintain safe premises and prevent harm to visitors. When they fail to address or warn about dangerous conditions, they may be held liable for injuries caused by their negligence.
In Michigan, property owners may be responsible for injuries if they:
- Fail to repair hazards, such as broken stairs, loose handrails, or slippery floors, despite knowing about the danger.
- Neglect to warn visitors about risks, like unmarked wet floors, construction zones, or icy walkways.
- Avoid routine maintenance, creating unsafe conditions like crumbling sidewalks, potholes, or poor lighting.
The level of care property owners owe varies based on the visitor’s status. Invitees, such as customers or clients, receive the greatest duty of care, while trespassers are typically only protected against intentional harm.
What To Prove in a Slip and Fall Case?
Michigan law requires proving specific elements in slip and fall injury claims, including:
- Duty of care. The property owner had a legal obligation to maintain safe conditions for lawful visitors.
- Breach of duty. The owner failed to meet this duty by not addressing or warning about the hazardous condition.
- Causation. The dangerous condition must have directly led to the injury sustained.
- Damages. The victim must have suffered measurable losses as a direct result of the accident, such as medical bills, lost wages, pain and suffering, or other financial impacts.
These elements must be clearly established with evidence such as medical records, photographs, incident reports, and witness statements to build a strong case.
Recent Legal Changes To Slip and Fall Claims in Michigan
Recent changes to Michigan law have made it easier to hold property owners accountable in slip and fall cases. In the past, property owners often used the “open and obvious” rule as a defense, which prevented liability if hazards were clearly visible.
In 2023, the Michigan Supreme Court overturned this rule, simplifying the process of holding property owners responsible for unsafe conditions. Now, even if you slip on something obvious like ice or uneven pavement, you can work with an experienced slip and fall lawyer to show that the property owner failed to take reasonable precautions and seek the financial support you deserve.
Gathering Evidence for Your Claim
Strong evidence plays a crucial role in building a successful slip and fall case. Gathering the right details at the scene and afterward can help prove the property owner’s negligence and bolster your claim. Here’s what to do:
Take Photographs and Videos Immediately
Photographs and videos help capture the conditions that caused your fall and provide undeniable evidence of the hazard. Capture the following:
- Take close-up and wide-angle shots of the dangerous conditions like wet floors or broken steps.
- Document the surrounding area, including signs, lighting, and other factors that contributed to the accident.
Report the Incident
Inform the property owner, manager, or supervisor about the fall as soon as possible.
- Request a written incident report and keep a copy for your records.
- If no report is provided, document the person you spoke to and the details of the conversation.
Collect Contact Information
Witnesses can help corroborate your account of the accident. Take these steps:
- Collect the names, phone numbers, and email addresses of anyone who saw the fall or the hazardous condition.
- Ask witnesses if they would be willing to provide a statement.
Preserve Your Clothing and Footwear
Your clothes and shoes may provide clues about the conditions at the time of the fall. These tips can help you protect this valuable evidence:
- Keep the shoes you were wearing, especially if slippery floors or uneven surfaces caused the accident.
- Avoid washing or altering your clothing to preserve any evidence, such as dirt, moisture, or tears.
Document Your Injuries and Treatment
Medical evidence is critical for showing the extent of your injuries. Visit a healthcare provider immediately to diagnose your condition and obtain documentation for your slip and fall case:
- Take photographs of visible injuries like bruises or cuts soon after the accident.
- Keep all medical records, bills, and receipts related to treatment for your injuries.
Secure Maintenance Records or Complaints
Proof of prior issues with the hazard strengthens your case. Work with your attorney to gather the following:
- Look for public records, repair requests, or complaints from others about the unsafe condition.
- Work with your attorney to obtain property maintenance logs if available.
Keep a Personal Account
A personal journal can provide an accurate representation of what occurred and show how the injuries have impacted your life. Here’s what to include:
- Record the date, time, location, and what happened before, during, and after the fall.
- Note how the injuries affect your daily life, including pain, missed work, or changes to routine activities.
When To Contact an Attorney for Your Slip and Fall Case
If you’ve been injured in a slip and fall accident, a qualified personal injury lawyer in Michigan can protect your interests and help you seek fair compensation. Slip and fall lawsuits can be challenging to win due to the need for clear evidence and expert testimony, making legal representation essential.
Here’s when to contact a lawyer and how they can assist with your case:
- Immediately after your accident. A lawyer can preserve crucial evidence, such as photos of the hazard, witness statements, and incident reports, which might otherwise be lost. Acting quickly also ensures you file within the three-year statute of limitations, protecting your right to compensation.
- If the property owner denies responsibility. When a property owner claims they aren’t at fault, a lawyer can evaluate your case, gather evidence, and counter defenses like the “open and obvious” rule. They can show negligence and prove your claim, helping you receive financial support.
- When you face mounting medical bills or lost wages. If your injuries have resulted in significant expenses or impacted your ability to work, an attorney can calculate your damages and negotiate with insurers to seek fair compensation.
- If the insurer offers a low settlement. Insurers often undervalue claims, but your legal team can push back, advocate for your full compensation, and, if necessary, prepare to file a lawsuit on your behalf.
- When you’re unsure of your rights. A skilled lawyer will clarify your legal options, guide you through the process, and meet all deadlines, so you can focus on recovery while they handle the legal elements of your case.
Why Choose Cochran, Kroll, & Associates, P.C.?
At Cochran, Kroll, & Associates, P.C., our team has extensive experience handling slip and fall cases in Michigan. We know how to counter common defenses, deal with aggressive insurers, and use expert testimony to strengthen your claim. Here’s what we bring to the table:
- Experience in slip and fall cases. Our firm has decades of experience successfully handling premises liability claims across Michigan. We’ve helped clients recover substantial settlements, including $1.25 million for a young construction worker who suffered a traumatic brain injury after a fall in Flint, Michigan.
- Skilled in countering defenses. We challenge tactics like the open and obvious defense by showing how the property owner failed to address hazards or uphold their duty of care. Our team works to present clear evidence that supports your case and overcomes these arguments.
- Aggressive negotiation with insurers. Our attorneys are skilled at pushing back against undervalued settlements and fighting for the full compensation you deserve for your injuries, lost wages, and more.
- Access to expert resources. Attorney and registered nurse Eileen Kroll provides valuable medical knowledge to evaluate injuries and case details. She analyzes medical records and works alongside a network of safety and medical experts to gather testimony and evidence that reinforce your claim.
- Commitment to personalized support. From your first consultation to the conclusion of your case, we take the time to understand your specific needs and circumstances. Our team keeps you informed and addresses your concerns to help reduce stress and ensure you feel confident throughout the legal process.
Get the Settlement You Deserve After a Slip and Fall
If you or a loved one was injured in a slip and fall accident, you need an attorney with experience, compassion, and a proven track record. At Cochran, Kroll & Associates, P.C., we understand the long road to recovery after a slip and fall and will work tirelessly to pursue the settlement you deserve. Contact our team at Cochran, Kroll & Associates, P.C. for a free consultation and get the legal support you need today.
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 case evaluation.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.