How a Slip and Fall in Michigan Became a $6 Million Settlement

How a Slip and Fall in Michigan Became a $6 Million Settlement

Most Michigan slip-and-fall claims settle for tens of thousands of dollars. A small fraction reach six figures. A $6 million slip-and-fall settlement — one of the largest recorded in Michigan history — is, by any measure, an outlier. Koussan Law secured that result for a client in July 2023, in a case that turned a serious ankle injury and the complications that followed into a recovery that funded our client's lifetime of medical care.

This article walks through the legal mechanics that make a case like this possible, what changed in Michigan premises liability law that same summer, and what every Michigan injury victim should know if they've slipped and fallen on someone else's property.

Why Most Michigan Slip-and-Fall Cases Settle for Less

Until July 28, 2023, Michigan applied a doctrine called "open and obvious." Under MCL §§ 600.2945 through 600.2960 and decades of Michigan Supreme Court case law (notably Lugo v. Ameritech Corp., 464 Mich. 512 (2001)), property owners owed essentially no duty of care for any hazard a reasonable person would have noticed and avoided. A puddle on a tile floor near a drink station? Open and obvious. A wet snow patch outside a store entrance? Open and obvious. Defendants used this doctrine to dismiss premises liability claims at summary judgment before trial, often without paying a dollar.

That doctrine is the reason a victim with a fractured ankle from a clearly visible hazard typically recovered nothing — or a small nuisance settlement to make the case go away. It is also the reason multi-million-dollar slip-and-fall recoveries in Michigan are rare.

What Changed: Kandil-Elsayed v. F&E Oil, Inc.

On July 28, 2023, the Michigan Supreme Court decided Kandil-Elsayed v. F&E Oil, Inc., 504 Mich. 132 (2023), and dismantled the "open and obvious" doctrine as a complete bar to liability. Going forward, the visibility of a hazard is one factor a jury may consider when assessing comparative fault — not an automatic defense that ends the case before it begins.

This is one of the most significant shifts in Michigan personal injury law in a generation. Property owners who relied on "open and obvious" for thirty years no longer have that shield. Claims that would have been dismissed are now triable. And the value of every Michigan premises liability case increased the day Kandil-Elsayed came down.

Our $6 million settlement was negotiated in this changing legal landscape. The strength of the medical evidence, the clarity of the property owner's duty, and the trajectory of the law combined to produce a result that the prior doctrine would have made impossible.

What Drives Premises Liability Damages in Michigan

A serious slip-and-fall claim in Michigan can include each of the following damage categories:

• Past and future medical expenses. Ankle fractures with surgical hardware, complications, and revision surgeries can run six figures over a lifetime. Future surgical needs, physical therapy, and assistive devices are recoverable when supported by a life-care plan.
• Lost wages and lost earning capacity. Time missed from work plus, for permanent injuries, the difference between what the victim would have earned and can now earn going forward.
• Pain and suffering. Michigan does not cap non-economic damages in premises liability cases. A jury can award what the evidence supports.
• Loss of consortium. A spouse may recover for the loss of companionship and household services caused by the victim's injuries.
• Disfigurement and loss of bodily function. Permanent scarring, limp, reduced range of motion, or use of an assistive device adds substantial value.

The Michigan comparative fault statute (MCL § 600.2959) reduces a recovery by the percentage of fault assigned to the plaintiff. If the jury finds the victim 30% responsible — for example, for not watching where they were walking — the award is reduced by 30%. If the plaintiff is more than 50% at fault, non-economic damages are barred entirely. Choosing the right narrative for the jury is part of the work.

Five Things That Move a Slip-and-Fall Case from Five Figures to Seven

1. Documented duty. The property owner had to know — or reasonably should have known — about the hazard, and failed to fix or warn. Maintenance logs, prior complaints, security footage, and incident reports are how we prove it.
2. A well-documented mechanism of injury. Surveillance video, eyewitnesses, and immediate medical records that connect the fall to the injury. Cases where the victim "didn't think it was that serious at first" and waited two weeks to see a doctor are dramatically harder.
3. Severe, permanent injury. A sprain heals. A trimalleolar ankle fracture with hardware, post-traumatic arthritis, and chronic regional pain syndrome doesn't.
4. Strong medical experts. An orthopedic surgeon, a life-care planner, a vocational economist. The cost of these experts is significant; the cases that settle in seven figures are typically the ones where the firm invested in the experts to support the damages.
5. Trial readiness. Insurance carriers settle cases for higher amounts when the firm is genuinely ready to try the case. Settlements in this range are usually the result of a credible threat of trial, not the result of negotiation alone.

What to Do After a Slip and Fall in Michigan

If you've been hurt on someone else's property:

• Get medical care the same day. Even if you feel "okay." A documented ER or urgent care visit on the day of the fall is one of the most valuable pieces of evidence in any premises liability case.
• Photograph the hazard. Use your phone before you leave. Floor conditions, lighting, signage (or lack of), the surrounding area. These photos disappear within hours when staff cleans up.
• Get an incident report and the names of witnesses. Most stores, restaurants, and commercial properties require staff to fill out an incident report. Ask for a copy — and if they refuse, document that refusal.
• Don't give a recorded statement to the property's insurer without counsel. Adjusters call within 48 hours. They are not on your side. Polite refusal is the correct answer.
• Talk to a Michigan personal injury attorney before the statute of limitations runs. In Michigan, you generally have 3 years from the date of injury to file a premises liability lawsuit (MCL § 600.5805). Claims against a governmental entity (city, county, MDOT) have shorter notice periods — often as short as 120 days. Don't wait.

How Koussan Law Handles Premises Liability Cases

We take premises liability claims on a contingency-fee basis. You pay nothing unless we recover. We front the cost of investigation, expert witnesses, medical records, and litigation. Whether your claim is a $20,000 sprain or a seven-figure life-altering injury, we evaluate every case on the same standard: what does the evidence support, and what is the most we can recover for you?

If you've been injured in a slip-and-fall, trip-and-fall, or other premises liability incident anywhere in Michigan, contact us for a free consultation. Request a consultation, use our free case calculator, or call (313) 800-0000. We'll tell you whether you have a case — honestly, and at no cost.

Related Practice Areas

• Slip and Fall
• Premises Liability
• Snow & Ice Slip and Fall
• Staircase & Stairwell Falls
• Sidewalk Trip and Fall

Past results do not guarantee future outcomes. Every premises liability case is fact-specific. The terms of the $6 million settlement discussed in this article are confidential. This article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship with Koussan Law.