Slip and fall accidents can happen everywhere. You could be shopping at Trader Joe’s when you trip over discarded produce and break your kneecap on the concrete flooring. Similarly, you could be leaving your downtown office building after a long day, only to slip on unsalted ice and suffer a traumatic brain injury. 

Although many of these incidents are dismissed as accidents, the truth is that Michigan property owners and managers have a duty of care to keep their premises safe for legitimate visitors. In this guide, we’ll review Michigan slip and fall laws, which fall under the umbrella of premises liability, the defenses owners often use to deny liability, and why you should talk to an experienced Michigan slip and fall attorney.

What Counts as a Slip and Fall in Michigan?

In a legal context, a slip and fall is an injury that you sustain after slipping, tripping or stumbling and falling over a hazardous condition on someone else’s property. The key issue is not the fall itself, but the unsafe condition that caused it.

Common slip and fall hazards include: 

• Wet or freshly mopped floors
• Spilled liquids
• Untreated ice or snow
• Uneven sidewalks
• Potholes
• Loose floor mats
• Torn carpeting
• Broken handrails
• Damaged steps
• Poor lighting that hides changes in elevation

Parking lots, store aisles, stairwells, entryways, and shared common areas are frequent locations for these injuries. For your injury claim to be valid, the property owner, manager, or tenant must have had a legal duty to address the hazard. This includes conditions they created, knew about, or should have discovered through reasonable inspections.

Michigan Premises Liability Law Explained

Michigan slip and fall cases are governed by premises liability law, which defines when a property owner or occupier can be held legally responsible for injuries on their property. Liability doesn’t arise simply because someone fell – it arises when a dangerous condition existed, and the responsible party failed to address it in a reasonably prompt manner.

For your slip and fall claim to succeed, you’ll need to establish four core elements:

1. The property owner owed you a duty of care.
2. That duty was breached by failing to repair, remove, or warn about a dangerous condition.
3. The unsafe condition caused the fall and your resulting injuries.
4. You suffered compensable losses such as medical expenses, lost income, or pain and suffering.

Here’s what else you should know:

• Responsibility isn’t limited to property owners. Control over the site is also a consideration, so businesses that lease space, property management companies, and maintenance contractors may also be legally responsible.
• Factors such as how long the hazard existed, how visible it was, and whether routine inspections were also taken into account. A spill left unattended for an extended period is treated differently from a condition that appeared moments before a fall.
• Premises liability law also considers the actions of the injured person. Conduct before and during the incident may affect responsibility, but it does not automatically bar a claim. These issues are addressed later through Michigan’s fault allocation rules.

Duty of Care Based on Visitor Status

Michigan law assigns different duties to property owners based on why a person was on the property at the time of the fall. This classification, which directly affects the level of care owed, plays a major role in slip and fall cases. Generally speaking, visitors fall into one of three categories: invitees, licensees, and trespassers.

 Invitees

Invitees are those who enter property for a commercial or business-related reason. Customers in stores, tenants using common areas, delivery drivers, and clients attending appointments fall into this category. Invitees receive the highest level of legal protection, so property owners and managers must take reasonable steps to keep the premises safe for invitees. This includes:

• Inspecting the property
• Repairing unsafe conditions
• Providing warnings when hazards cannot be corrected right away

Failure to follow regular inspection routines or address known dangers can support liability in an invitee slip and fall case.

Licensees

Licensees are social guests who have permission to access the property but not for business purposes. This includes friends or family members visiting a private residence. There is generally no duty to inspect for unknown hazards, but liability may arise when an owner knows of a dangerous condition and fails to provide a warning.

Trespassers

Trespassers enter a property without permission. In most situations, property owners owe minimal duties to adult trespassers, although they must avoid intentional or reckless conduct that could cause injury. Special rules can apply when children are involved, particularly when an attractive nuisance like a pool poses a foreseeable risk. 

The Open and Obvious Rule in Michigan Slip and Fall Cases

In Michigan slip and fall cases, the open and obvious rule limits property owner liability. Under this doctrine, property owners generally have no duty to protect or warn visitors about hazards that are readily apparent to a reasonable person using ordinary perception and judgment. If a danger is plainly visible, you’re expected to take care of your own safety and avoid it. For example, if you slip on clearly visible ice in a parking lot during winter, the property owner typically can’t be held liable.

Michigan courts recognize exceptions to this rule. A property owner may still be liable if an open and obvious hazard is unreasonably dangerous and presents an extremely high risk of severe harm. Owners may also be liable if they should anticipate that visitors will fail to notice the danger, or if visitors have no reasonable way to avoid the hazard despite knowing about it. These exceptions acknowledge that visibility alone doesn’t always eliminate a property owner’s responsibility.

Comparative Fault in Michigan Slip and Fall Claims

Michigan follows a comparative fault rule that can reduce or bar recovery based on an injured person’s own conduct. In slip and fall cases, property owners and insurers frequently argue that the victim contributed to their own injuries by wearing improper footwear, texting while walking, etc. If the personal injury case ends up in court, the jury will usually determine how responsibility should be shared based on the evidence.

Once fault is assigned, it directly affects your monetary compensation. In other words, if you’re found partially responsible, any award you get is reduced by that percentage of fault. For example, a $100,000 award reduced by 25 percent fault results in $75,000 in recoverable damages. When a visitor’s share of fault exceeds the legal threshold of 50%, recovery may be barred entirely.

Disputes over comparative fault usually center on what the visitor was doing at the time of the fall. Property owners often point to distractions, footwear, or posted warnings to reduce or deny liability, but comparative fault still doesn’t eliminate their responsibility to maintain safe conditions. Simply put, a visitor’s inattention doesn’t excuse a dangerous property condition that should have been addressed. 

To determine liability, insurers (and, if necessary, courts) review evidence that shows how the incident unfolded. This includes surveillance footage, photographs, witness statements, and incident reports. This evidence helps determine whether the visitor’s conduct actually contributed to the fall or whether the hazardous condition remained the primary cause.

Damages Available in a Michigan Slip and Fall Claim

Damages are intended to compensate an injured person for losses caused by the fall. The type and amount of damages available depend on the nature and severity of your injuries and how they affect your daily life.

Economic damages cover measurable financial losses. They include: 

• Medical expenses such as emergency care, diagnostic testing, surgery, physical therapy, medication, and follow-up treatment. 
• Lost wages, reduced earning capacity, and other out-of-pocket expenses related to the injury. 
• Property damage for smartphones, electronics, clothing, and other items broken or torn when you fell.

Because these losses are quantifiable, the insurance company will want to see medical bills, employment records, and receipts that establish the actual costs incurred.

Non-economic damages address the personal impact of the injury. This category includes pain and suffering, mental anguish, and PTSD. Unlike economic damages, these losses don’t have fixed dollar amounts and are evaluated based on how the injury has changed the victim’s quality of life.

The severity and duration of your injury influence the value of your claim. A minor sprain or torn muscle that resolves quickly is evaluated differently from a fracture, traumatic brain injury, or spinal cord injury that needs ongoing care. Permanent disability, scarring and disfigurement, and similar impairments may increase the amount of recoverable damages. 

In fatal slip and fall cases, surviving family members may pursue damages through a wrongful death claim. These damages may include medical expenses incurred before death, loss of financial support, and loss of companionship. Such claims are governed by separate statutory rules but arise from the same underlying premises liability principles.

Time Limits for Filing a Michigan Slip and Fall Claim

Most Michigan slip and fall cases are governed by a three-year statute of limitations. This time period usually begins on the date the fall occurred. If a lawsuit is not filed within three years, the court will likely dismiss the case, and you lose the right to pursue compensation.

Claims involving government-owned property are subject to additional requirements. Falls on public sidewalks, municipal buildings, public schools, or other government-controlled locations may require written notice to the government entity within a much shorter period. These notice deadlines are separate from the statute of limitations and apply even if the injury is still being treated.

What if The Slip and Fall Happened at Work?

If your Michigan slip and fall happened at work, your case is generally handled through the workers’ compensation system rather than a traditional premises liability claim. Workers’ compensation is a no-fault insurance system that provides benefits to employees injured on the job, regardless of who was at fault for the accident. This means you don’t have to prove that your employer was negligent or that the hazard was open and obvious: you simply need to show that the injury occurred during the course of your employment.

Workers’ compensation benefits include coverage for medical treatment related to your injury, wage loss benefits if you miss work, and permanent disability benefits if the injury causes lasting impairment. However, these benefits are usually more limited than what you might recover in a personal injury lawsuit. For example, you can’t receive compensation for pain and suffering or other non-economic damages through workers’ compensation. The trade-off is that workers’ compensation claims are usually faster and easier to establish than traditional lawsuits.

Michigan law generally treats workers’ compensation as the exclusive remedy for workplace injuries, meaning you can’t sue your employer in court for a slip and fall at work. There are exceptions to this rule, however: 

• If your injury was caused by a third party who doesn’t work for your employer (such as a contractor, delivery person, or equipment manufacturer), you may be able to pursue a separate personal injury claim against that party while also receiving workers’ compensation benefits. 
• If your employer intentionally caused your injury or doesn’t carry required workers’ compensation insurance, you may have grounds for a lawsuit.

The distinction between a workplace slip and fall and one that occurs elsewhere affects your legal options and the type of compensation available. If you were injured at work, you should report the accident to your employer promptly and consult with an attorney who handles workers’ compensation claims.

What to Do After a Slip and Fall in Michigan

When you slip and fall, you’re likely going to be shocked, winded, and in pain. No one would blame you for being disoriented, but what you do in the aftermath of the fall can affect the success of a future personal injury claim. We recommend you take the following steps:

• Get a Medical Evaluation: Medical treatment should be sought as soon as possible, even if any pain or symptoms appear mild. Some injuries, including concussions, internal injuries, and soft tissue damage, don’t make themselves immediately. Medical records established soon afterward create a clear timeline connecting the injury to the fall.
• Notify the Property Owner or Manager: The fall should be reported to the appropriate property representative without delay. In retail, apartment, or office settings, request that a written incident report be completed. Any statements provided should be limited to what actually happened and avoid opinions or speculation regarding cause or responsibility.
• Document the Hazard and Surroundings: Photographs and video should be taken as soon as possible. Be sure to capture the hazardous condition, surrounding area, lighting conditions, warning signs, floor surfaces, and weather conditions if applicable. Images taken before the condition is repaired can be especially valuable.
• Collect Witness Information: When possible, get the names and contact information of witnesses who observed the fall or the condition beforehand. They can provide independent accounts that support how the incident occurred, which is important if responsibility is disputed.
• Preserve Physical Evidence and Records: Shoes and clothing worn during the fall should be preserved in their original condition and stored safely, as they may later be examined as part of the claim. Medical bills, treatment records, prescriptions, and related expenses should also be kept together to document losses associated with the injury.
• Be Careful Around Insurers: Insurance representatives may contact you shortly after the incident. Don’t give in to requests for recorded statements or early settlement discussions, as anything you say before the full extent of your injuries is known can affect how the claim is evaluated.

How a Michigan Slip and Fall Lawyer Can Help

After a slip and fall, property owners and insurers begin protecting themselves right away. Your Michigan slip and fall lawyer can help shape how the claim is developed by gathering evidence, analyzing responsibility, and addressing any defenses raised. This includes:

• Identifying  Who Controlled the Property: Your lawyer can review lease agreements, management contracts, and maintenance arrangements to determine who controlled the area where the fall occurred. Responsibility in Michigan slip and fall cases often depends on control rather than ownership. 
• Request Preservation of Surveillance and Records: Surveillance footage, inspection logs, cleaning schedules, and snow or ice removal records may be deleted or overwritten in the normal course of business. Your lawyer can send preservation requests to help prevent relevant evidence from being lost. These materials may be used to assess how long a hazard existed and what steps were taken to address it.
• Assess the Applicable Duty of Care: Your personal injury lawyer can evaluate why you were on the property at the time of the fall. That classification affects whether the property owner had a duty to inspect the area, correct hazards, or provide warnings. The final assessment can shape how liability is argued.
• Evaluate Open and Obvious Arguments: Property owners often claim that a hazard was visible and avoidable. Your lawyer can examine lighting conditions, visual contrast, foot traffic patterns, and whether the hazard could reasonably be avoided. Photographs, measurements, and witness accounts may be used to address these arguments.
• Develop Evidence of Notice: Your lawyer can look for information showing that the property owner knew or should have known about the dangerous condition. This may include time-stamped video, employee schedules, cleaning records, prior complaints, or maintenance documentation. Establishing notice is a key part of many slip and fall claims.
• Address Comparative Fault Allegations: Insurers frequently argue that the injured person was distracted or failed to use reasonable care. Your lawyer can review these allegations against available evidence, including video footage and witness statements. This analysis helps determine how fault may be allocated under Michigan’s comparative fault rules.
• Document Injuries and Financial Losses: Your slip and fall lawyer can help gather medical records, diagnostic imaging, treatment notes, and physician opinions related to the injury. Employment records and wage information may be used to support claims for lost income..
• Prepare the Claim for Possible Litigation: If settlement discussions don’t resolve the claim, your lawyer can prepare the case for court by organizing evidence, identifying witnesses, and filing a lawsuit in time. 

Get a Free Consultation with a Michigan Slip & Fall Lawyer

If you were injured in a slip and fall in Michigan, LegalGenius, PLLC can evaluate what happened as well as the injuries you suffered, and explain how Michigan premises liability law may apply to your situation. This review may include evaluating property control, inspection practices, notice issues, and potential defenses raised by the property owner or insurer. We’ve secured millions of dollars for injured clients and will bring a similar standard of excellence to your slip and fall claim. For more information, please complete our Ask the Genius™ form on our website, and an attorney will contact you within five minutes. 

Attorney Jeffrey Perlman

Attorney Jeffrey Perlamn is the managing partner at LegalGenius, PLLC. He has helped Metro Detroit accident victims recover the compensation they deserve for over 35 years. He believes everyone should have access to justice and the legal system, which is why Attorney Perlman spends his time outside of the courtroom writing informational blogs on the LegalGenius website that are accessible to all.