METRO DETROIT SLIP AND FALL LAWYER
Metro Detroit Slip and Fall Attorney
If you have been injured as a result of a Michigan landowner’s negligence, you may be entitled to compensation for pain and suffering, medical bills, wage loss, and other accident related expenses. Slip and fall accidents are typically called premises liability cases under the law, and occur when someone is hurt as a result of the negligence or carelessness of the property owner or "possessor of land".
Metro Detroit Injury Lawyers recently reached a $154,000 settlement on a slip and fall case involving a serious knee injury to a woman who fell on a freshly mopped floor in a Metro Detroit business.
In many personal injury cases, the need for medical assistance after a car accident, slip and fall, or dog bite injury is clear. The injured person may have a broken bone, fracture or require stitches and the need for immediate medical assistance is obvious. In other cases, the accident victim may be unsure whether they need to see a doctor and spend the time and incur the associated costs.
Metro Detroit Injury Lawyers reached a pre-suit settlement earlier this month on a premises liability case involving a slip and fall on ice. Our client was injured early in the morning when he slipped and fell on the unsalted parking lot of his apartment complex as he attempted to access his car for work.
Regardless of the severity of your injuries, if you were injured as a result of someone else’s negligence, you should consult with an experienced personal injury attorney to determine your rights to compensation.
Often times a prospective client will reach out to our office weeks or even months after suffering a slip and fall accident seeking to pursue a claim for damages. Sometimes the best evidence to support their claim for damages has faded, changed or been replaced. It is more difficult to re-create the scene of a fall as time passes. Here are 5 tips to help preserve the evidence of a slip and fall claim to maximize your recovery:
Whether you have a Michigan car accident case, slip and fall case, dog bite case, medical malpractice case or other personal injury case, it is likely you will experience case evaluation. In most circuit court cases requesting money damages, the parties will submit to case evaluation or a mediation conference.
Have you witnessed an injury to a close family member caused by someone else’s negligence? Did you subsequently suffer emotional distress after seeing a love one harmed? If so, you may be able to bring a claim for Negligent Infliction of Emotional Distress.
The Statute of Limitations sets forth the maximum time after an event in which legal proceedings can be initiated. After the statute of limitations expires, unless a legal exception applies, the injured party loses the right to file a lawsuit. Don't wait until the time period for filing your claim expires to get compensation for your injuries.
If you have been injured by a third-party while on the job, you may be entitled to bring a negligence case against the responsible party in addition to receiving worker's compensation benefits. However, your employer/worker's compensation carrier may have a lien on your third-party case for benefits it paid.
Last week, Governor Snyder signed HB 4686, a bill that allows municipalities to use the "open and obvious" defense to claims alleging dangerous, defective, and unrepaired sidewalks. This law, which will go into effect immediately, will make cities effectively immune and removes any incentive to maintain city sidewalks.
Did you know that under Michigan law, the spouse of an injured person may have an independent claim for damages in the amount of the value of the services, society and companionship, and sexual relationship the spouse has been deprived of?
Generally, the government is immune from tort liability when engaged in a governmental function (see When Can The Government Be Sued?). However, an exception to this general rule exists for injuries caused by improperly maintained public buildings.
Learn more about Michigan's open and obvious doctrine, which threatens to bar many deserving Michigan slip and fall claims and prevent victims from receiving compensation for their injuries.
In premises liability cases, the location of the plaintiff’s fall can drastically change the requirements that must be satisfied in order to bring a claim for damages. Take for example a fall as a result of a defective sidewalk. If the injury occurred on private property, the plaintiff generally has three years from the date of the accident to bring a negligence claim. If, however, the injury occurred on a public sidewalk, the injured party must provide notice to the proper governmental agency within 120 of the accident, or risk having their case dismissed.
Some examples of dangerous conditions that can cause injury and be the basis of a slip and fall or premises liability action include:
- Standing water puddles
- Uncleared snow and ice
- Black ice
- Concealed holes
- Defective stairways
- Improperly maintained walkways
- Defective flooring
- Unsecured retail merchandise
- Hidden drop-offs
SLIP AND FALL CHECKLIST
If you are a loved one have been involved in a slip and fall accident, there are things you can do to maximize your potential recovery from a careless or negligent property owner:
- Medical Treatment – Seek medical treatment as soon as possible after a slip and fall
- Notice - Notify the owner or manager that you were injured as a result of a dangerous condition on the property.
- Accident Report - File an accident report with the owner or manager and request a copy of the report for your own records. The accident report will serve an important evidentiary purpose in your case. Avoid answering questions on an accident report that you do not understand or that are unclear.
- Video Surveillance – Ask the owner or manager if the property has surveillance video that would show your fall or accident. Request a copy of the video, or at least that the video be preserved.
- Photographs – If possible, take photographs of the accident scene or cause of your fall. Doing so as soon as possible after the accident will show the precise conditions you encountered.
- Metro Detroit Injury Lawyers – Contact an experienced slip and fall accident attorney from the Metro Detroit Injury Lawyers.
HOW LONG DO I HAVE TO BRING A SLIP AND FALL CLAIM?
Generally, a slip and fall plaintiff has THREE YEARS from the date of the accident for injuries that occurred on private property. Children have one year after their 18th birthday to file a lawsuit. These time periods may differ for injuries on public property. Since evidence will fade, disappear or be corrected over time, you should not delay in contacting the Metro Detroit Injury Lawyers at 248-430-8929 for a free consultation and evaluation of your slip and fall claim.
WHAT WAS MY LEGAL STATUS?
Determining liability in a slip and fall or premises liability case depends on the legal status of the injured party at the time of the accident. When you think about it, this makes sense. For example, you owe a different legal duty to avoid injuring an invited guest than you do a burglar. Determining the legal status of the injured party is not always so clear, however. In general, there are three legal status classifications:
- Invitee – A business owner owes the highest duty of care to a customer or “invitee”. Similarly, a landlord must use the same standard of care for a tenant. In each situation, the owner is deriving some economic benefit from the person or persons on their property. In these instances, the owner must warn the invitee of dangers, as well as regularly and actively inspect the premises for defects or dangerous conditions, and make reasonable repairs.
- Licensee – A licensee is a person who is allowed onto the owner’s property, but who is not conferring an economic benefit to the owner. An example of a “licensee” is a social guest. The property owes a lessor duty to a licensee than to an invitee. For an licensee, the owner only has to warn the visitor about dangers that the owner knows or should know about, but which the guest is unlikely to discover or avoid.
- Trespasser – A property owner owes a very limited duty of care to a “trespasser”, or someone who does not have the owner’s permission to be on the property. For example, the owner may owe a duty of care to a trespasser who is a child when the owner knows or should know of the child’s presence. In contrast, the owner may owe no duty of care to a trespasser whose presence is not reasonably known or anticipated.
Determining your legal status requires careful analysis of the facts and circumstances of your case. Contact an experienced attorney at Metro Detroit Injury Lawyers, who will investigate all the facts of your claim and determine your rights to compensation.
* For more information on Michigan slip and fall accidents, visit our blog.
Metro Detroit Injury Lawyers reached a settlement last month on a dog bite case involving an attack on a 4 year old little girl that left the child with facial lacerations and puncture wounds on her face.
Metro Detroit Injury Lawyers recently settled a case involving an assault and battery of a U.S. veteran at a Metro Detroit restaurant for $95,000.
Metro Detroit Injury Lawyers settled a pre-suit car accident case for full policy limits this week after a Metro Detroit woman was struck earlier this year while attempting to cross the street by a vehicle traveling at an excessive rate of speed.
Dogs are wonderful companions and family members. However, it is a reality that dog bites can be traumatic and result in very serious injuries for the victim. If you have been the victim of a dog bite attack, you need an experienced Michigan dog bite lawyer to handle your case.
Metro Detroit Injury Lawyers recently reached an $80,000 settlement on a premises liability case involving a serious knee injury to a woman who tripped over an exposed, elevated bolt on the sidewalk of a Metro Detroit business.
Metro Detroit Injury Lawyers reached a $50,000 settlement on a case involving injuries to a registered nurse who was assaulted by her patient.
Metro Detroit Injury Lawyers recently reached a $154,000 settlement on a slip and fall case involving a serious knee injury to a woman who fell on a freshly mopped floor in a Metro Detroit business.
In many personal injury cases, the need for medical assistance after a car accident, slip and fall, or dog bite injury is clear. The injured person may have a broken bone, fracture or require stitches and the need for immediate medical assistance is obvious. In other cases, the accident victim may be unsure whether they need to see a doctor and spend the time and incur the associated costs.
A dangerous and potentially life threatening bacterial infection has been linked to the use of certain heater-cooling units (HCU). These devices are used during surgeries such as open heart surgery, lung surgery or liver transplant surgery to regulate a patient’s body temperature.
Metro Detroit Injury Lawyers reached a $250,000 settlement earlier this month on a dog bite case involving an attack on a 3 year old boy that left the child with deep lacerations, puncture wounds and severe bruising to his face.
Metro Detroit Injury Lawyers reached a pre-suit settlement earlier this month on a premises liability case involving a slip and fall on ice. Our client was injured early in the morning when he slipped and fell on the unsalted parking lot of his apartment complex as he attempted to access his car for work.
Metro Detroit Injury Lawyers is pleased to announce that Attorney Cameron Peralta has been selected by The National Trial Lawyers for inclusion in its Top 40 Under 40 Civil Plaintiff Trial Lawyers in Michigan, an honor given to only a select group of lawyers for their superior skills and qualifications in the field. Membership in this exclusive organization is by invitation only, and is limited to attorneys in each state or region age 40 or younger who have demonstrated excellence and have achieved outstanding results in their careers in either civil plaintiff or criminal defense law.
After your case is filed, the parties will engage in a process called "discovery", where each side is permitted to request relevant facts or evidence from the opposing party in an effort to build their case and prepare for trial.
You've met with your attorney and are ready to begin the case. What is the next step to getting you the compensation you deserve?
Exercise Care this Memorial Day Weekend. With so many people on the road, the potential for dangerous auto accidents is high. Take extra caution while driving. Particularly allow for more space between vehicles and time to stop. Have a wonderful, but safe, weekend!
Rear-end collisions can be particularly dangerous for Michigan drivers. If hit while stopped the injuries can be devastating. How many times have you been stopped at a light and and see the driver behind you coming up at a high rate of speed with his or her head in their phone?
Regardless of the severity of your injuries, if you were injured as a result of someone else’s negligence, you should consult with an experienced personal injury attorney to determine your rights to compensation.
Often times a prospective client will reach out to our office weeks or even months after suffering a slip and fall accident seeking to pursue a claim for damages. Sometimes the best evidence to support their claim for damages has faded, changed or been replaced. It is more difficult to re-create the scene of a fall as time passes. Here are 5 tips to help preserve the evidence of a slip and fall claim to maximize your recovery:
Whether you have a Michigan car accident case, slip and fall case, dog bite case, medical malpractice case or other personal injury case, it is likely you will experience case evaluation. In most circuit court cases requesting money damages, the parties will submit to case evaluation or a mediation conference.
The Michigan House Transportation Committee is considering a new bill that would make it illegal for Michigan drivers to use a hand-held electronic device for any purpose while driving. Currently, the law only forbids texting while driving.
Have you witnessed an injury to a close family member caused by someone else’s negligence? Did you subsequently suffer emotional distress after seeing a love one harmed? If so, you may be able to bring a claim for Negligent Infliction of Emotional Distress.
If you are involved in a Michigan auto accident, you are entitled to receive personal injury protection (PIP) benefits from the responsible no-fault insurer (usually this is your own insurance company). However, you should be aware that your auto insurance policy may have a high deductible that applies when you submit a claim for PIP benefits.
Have you ever taken your car to a repair shop for a quick oil change, tire rotation or other routine maintenance and repairs only to get the vehicle back in a worse condition than when you dropped it off? If so, the Motor Vehicle Service & Repair Act (MVSRA) may provide you relief.
Under the Michigan No-Fault Act, personal injury protection (PIP) benefits are available to anyone who sustains an injury “arising out of the ownership, operation, maintenance or use of a motor vehicle.” MCL 500.3105. In most situations, the injured person receives no-fault benefits from his or her own insurance company. However, even if you do not have a car, you can still be injured in an auto accident. A passenger or pedestrian is still entitled to no-fault benefits regardless of whether he or she was the owner, driver or even an occupant of the motor vehicle involved in the accident.
Aside from putting you at risk for serious injuries if involved in a car accident, failing to wear your seat belt could make your responsible for a civil infraction. It could also constitute negligence and reduce your tort recovery in a subsequent motor vehicle negligence case against the at-fault driver.
One important element of a dog bite claim is properly identifying the party responsible. The proper defendant in a Michigan dog bite attack is the owner, keeper or possessor of the animal. Check out our new blog post to learn the differences of each and for more information on Michigan Dog Bite law.
The Statute of Limitations sets forth the maximum time after an event in which legal proceedings can be initiated. After the statute of limitations expires, unless a legal exception applies, the injured party loses the right to file a lawsuit. Don't wait until the time period for filing your claim expires to get compensation for your injuries.
According to the Center For Disease Control And Prevention, 48 million Americans suffer from food poisoning each year, resulting in 128,000 hospitalizations and 3,000 deaths. If you have ever suffered an illness as a result of food served at a restaurant or purchased at a grocery store, you may have wondered if you could pursue a claim for damages.
If you have been injured by a third-party while on the job, you may be entitled to bring a negligence case against the responsible party in addition to receiving worker's compensation benefits. However, your employer/worker's compensation carrier may have a lien on your third-party case for benefits it paid.
Metro Detroit Injury Lawyers recently reached an $80,000 settlement on a premises liability case involving a serious knee injury to a woman who tripped over an exposed, elevated bolt on the sidewalk of a Metro Detroit business.