Snow & Ice Slip and Fall
Michigan Snow & Ice Slip and Fall Claims
Michigan winters are brutal, and snow and ice create some of the most dangerous conditions on commercial and residential properties throughout the state. When property owners, landlords, and businesses fail to clear ice and snow from walkways, parking lots, stairs, and entrances, they put every visitor at risk of a serious fall. At Koussan Law, we have a proven track record of holding negligent property owners accountable for winter slip and fall injuries — including a $6,000,000 settlement in a slip and fall case, one of the largest recorded slip/trip and fall settlements in Michigan history.
Michigan's Open and Obvious Doctrine
One of the biggest challenges in Michigan snow and ice cases is the "open and obvious" doctrine under MCL § 600.2949a. Property owners argue that the ice or snow was visible and that a reasonable person should have avoided it. However, Michigan courts have recognized important exceptions: when a hazard is "effectively unavoidable" — meaning there is no safe alternative path — or when "special aspects" make the condition unreasonably dangerous, such as black ice that is invisible to the naked eye. The Michigan Supreme Court's decisions in Lugo v. Ameritech Corp. and subsequent cases have shaped how these exceptions apply. We know how to overcome the open and obvious defense by establishing these exceptions through surveillance footage, weather data, witness testimony, and expert analysis.
Property Owner Obligations Under Michigan Law
Under Michigan premises liability law, property owners owe invitees — customers, tenants, and business visitors — a duty to maintain their property in a reasonably safe condition. The comparative fault framework in MCL § 600.2949a means that even if you bear some responsibility for your fall, you can still recover damages reduced by your percentage of fault. For rental properties, MCL § 554.139 imposes a statutory duty on landlords to keep common areas in reasonable repair, which courts have applied to snow and ice accumulation on shared walkways, parking lots, and entrance areas. Commercial property owners who hire snow removal contractors may shift some liability to those contractors, but they cannot fully delegate their duty of care to invitees.
Government Property Winter Falls
Falls on government-owned sidewalks, municipal parking lots, and public building entrances raise governmental immunity issues under MCL § 691.1402 and MCL § 691.1406. The highway exception allows claims against government entities for defective conditions on public sidewalks and roads, but you must provide written notice within 120 days of the incident under MCL § 691.1404. Missing that deadline can bar your claim entirely. The public building exception under MCL § 691.1406 covers falls in or on government-owned buildings and their adjacent walkways. These tight deadlines make it critical to contact an attorney quickly after a winter fall on public property.
Common Snow and Ice Fall Injuries
Falls on ice often produce serious injuries: hip fractures (especially in older adults), wrist and arm fractures from bracing during a fall, traumatic brain injuries from hitting pavement, back and spinal injuries, and knee injuries including torn ligaments. These injuries can require surgery, extensive rehabilitation, and may cause permanent limitations. Michigan's three-year statute of limitations under MCL § 600.5805(2) applies to most slip and fall claims, but the 120-day governmental notice requirement is the real deadline that catches people off guard.
If you've been hurt in a snow or ice fall on someone else's property in Michigan, call Koussan Law at (313) 800-0000 for a free consultation. You can also use our free case calculator to estimate what your winter slip and fall claim may be worth.
