Michigan Slip and Fall Law: What You Need to Know
Slip and fall cases in Michigan are more complex than most people realize. Unlike a car accident where liability is often clear, premises liability cases require proving that the property owner knew about a dangerous condition and failed to fix it. Koussan Law has secured a $6,000,000 slip and fall settlement — one of the largest in Michigan history — because we understand how to build these cases.
The Legal Standard: What Must You Prove?
Under Michigan premises liability law, you must prove three things. First, the property owner owed you a duty of care — which depends on why you were on the property. Invitees (customers, tenants) are owed the highest duty. Second, the owner knew or should have known about the dangerous condition. Third, the dangerous condition caused your injuries.
The "Open and Obvious" Defense
Michigan's most common defense in slip and fall cases is the open and obvious doctrine. Under Lugo v. Ameritech Corp., a property owner may argue they had no duty to protect you from a hazard that was so obvious an average person would have noticed it. However, there are important exceptions. If the hazard was effectively unavoidable — meaning you had no reasonable alternative path — or if special aspects of the hazard made it unreasonably dangerous despite being visible, the open and obvious defense fails. Michigan courts have evolved on this issue, and recent decisions have narrowed the defense.
Common Michigan Slip and Fall Scenarios
The most common premises liability cases we handle involve icy sidewalks and parking lots (Michigan's winter creates constant hazards, and property owners must maintain walkways), wet floors in stores and restaurants without warning signs, broken or uneven stairs, poor lighting in hallways and stairwells, and construction or maintenance hazards in common areas.
Time-Sensitive Evidence
Slip and fall evidence disappears fast. Surveillance camera footage is typically overwritten within 30–90 days. Incident reports may be "lost." Weather records, maintenance logs, and prior complaints are critical but must be preserved through a litigation hold letter. Koussan Law moves immediately to preserve evidence in every premises liability case.
If you were injured in a slip and fall, call Koussan Law at (313) 800-0000 before evidence disappears.
