Though spring is on its way, winter weather persists throughout Northern Michigan. Inch after inch of snow and ice continue to pile-up on sidewalks and roads making even getting to and from the car dangerous. Even when the sidewalks and roads look clear, you run the risk of slipping on black ice. The only solution is sand, salt and for many of us, non-slip shoe grips for those long walks down icy paths. Even those who are being careful can easily find themselves injured due to slip and falls on icy walkways and parking lots during this time of the year.
From broken bones to bruises or even head injuries, a slip and fall can change your life. Ice and snow do not have to be involved for a fall to happen but when they are, what are your rights?
For years, Michigan’s Open and Obvious doctrine generally included falls due to black ice. In a case in late 2014, a fall caused by an ice covered parking lot was determined to be unavoidable, meaning that the property owners had not properly maintained the lot. Since the plaintiff involved had no choice but to walk across the icy lot to get to her apartment when she slipped and fell, the owner was deemed liable in this case. This decision is considered relatively uncommon in Michigan. In many instances, Michigan law deems those who slip and fall are responsible for knowing when conditions are dangerous and avoiding them with regard to icy conditions. This recent determination opened the door for others who are injured due to “unavoidable” falls because of ice or black ice on properties such as apartment complexes.
If you slip and fall due to snow or ice in Michigan, nothing is a sure thing when it comes to what you are entitled to. Your attorney will need to prove that what caused your fall was not “open and obvious” and that the fault lies with the property owner. It is sometimes possible to prove this, but it will likely require an attorney who understands Michigan law. Laws regarding slip and falls at businesses are strict, protecting the landowner from frivolous lawsuits however, no matter how “prone to winter” Northern Michigan may be, there does come some semblance of responsibility of the property owner.
A slip and fall can impact your life, sometimes leading to permanent injuries or death. While it is your responsibility to be aware of the risks winter weather poses, each situation is unique and circumstances may easily change the outcome of any slip and fall case. If you have been injured due to a slip and fall in winter, don’t assume you have no rights, instead contact a personal injury attorney to find out more about these rights.