Michigan Slip And Fall Attorneys – Roadway slip and falls occur when a hazardous situation causes a person to slip, fall, or be injured. Causes of road falls include cracks in the road, rising concrete, tree roots, wet leaves and debris. Bad weather conditions and improper maintenance can also cause such accidents.
Unfortunately, more than eight million people go to the hospital because of slip and fall accidents. These accidents can cause brain injuries, fractures and soft tissue damage. Understanding Michigan slip and fall laws is essential to seeking fair compensation from responsible parties. Depending on the situation, you may receive damages from the government or the landowner.
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Section 691.1402a of the Code of Michigan states that local governments must maintain sidewalks on their property. For example, cities and municipalities should consider the following:
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Additionally, Michigan Law 928 requires developers to maintain sidewalks for the safety and convenience of the community. Some of the requirements include:
Homeowners may be responsible for road maintenance. For example, landowners in Detroit must clear the sidewalks along their property. They can do the following to keep the path clean:
A slip and fall attorney can help establish the elements of negligence to strengthen your case, including:
It is important to prove every aspect in court. To create the first item, you must show the local government or property owner to maintain the roadway. For example, your attorney may refer to Section 691.1402A of the Code, Rule 928 of the Administrative Code, or applicable city ordinances.
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Then, you can gather evidence to prove the breach of duty. Birthday photos and videos may show dirt, grime, snow or scratches. You can also ask for testimonials from residents to support your claim. Additionally, if you are seeking compensation from the government, your attorney can help you access rehabilitation records.
You must also indicate the extent of your injury. The following documents can help you create the third component:
Finally, the defendant’s negligence must directly cause the fault and fall. An example of that situation concerns person B who broke his leg due to an elevated road that Municipality C failed to repair. In this case, the failure of the repair resulted in B’s injury.
In addition to these factors, you must file your claim within Michigan’s statute of limitations, which is three years after the injury occurred. Otherwise, the court will not consider your case.
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For example, more serious injuries require greater compensation from the responsible party. Therefore, a person who has suffered a brain injury from a side accident may receive more than someone who has suffered a minor fracture.
The court also considers the victim’s medical expenses in calculating the award or payment. Therefore, you should keep your hospital bills and prescription receipts. In addition, the responsible party may pay lost wages, bonuses and commissions in cases of absence from work due to injury.
You may also be compensated for pain and suffering. This includes the stress, anxiety and emotional stress of the victim after a pedestrian accident. For example, some people may lose their happiness in life because of this bad event.
Managing the legal process after a car accident is a difficult task. Fortunately, you don’t have to go through it alone. Our experienced Michigan attorneys at Shafer Swartz PLC can help gather evidence and build your case to get the compensation you deserve. Call us at (231) 722-2444 or call us to schedule an appointment.
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Disclaimer: This blog is provided for general information purposes only and should not be construed as legal advice. Every situation is different, and if you have been injured, please call (231) 722-2444 for personal legal advice. Michigan slip and fall laws allow those injured in slip and falls to recover. Yes, according to a major new decision by the Michigan Supreme Court. and accidents caused by trips and falls can make a negligent property owner liable for personal injury, damage and death.
In the case of Qandil El Said v. F&E Oil, Inc. and Pinsky vs. Kroger Company of Michigan, the Michigan Supreme Court held that in a premises liability case where a person is injured by a fall or trip and fall, dangerous and dangerous accidents occur. Dangerous conditions on the property of others, the owner of the property owes “a duty of good care to protect the guest from the unreasonable risk of injury due to the dangerous condition of the land.”
The court found that property owners have a legal duty to protect invitees from undue risk of harm caused by dangerous or hazardous land conditions. This duty also includes requiring the landowner to “foresee the danger” that may arise from obvious and obvious hazards.
More importantly, the Supreme Court judge also held that “when assessing whether the “property owner” has breached his duty to take reasonable care to protect the occupant from clear and obvious harm, the court must ask whether the “owner” is expected to lose.
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This is an important decision for Michigan slip and fall law. In their ruling, the justices emphasized that this is not a new law, but reflects a return to the state’s long-standing state of law, reflecting “decades before the controversial and critical Michigan Supreme Court decision in .
, Michigan citizens who suffered injuries from a fall and fall were denied justice by the courts. Public politics in this state has been bad for the last 22 years.
On the other hand, the decision encouraged property owners not to take appropriate measures to protect innocent people, who until last Friday had the necessary immunity.
Michigan’s previous slip and fall laws allowed property owners to avoid liability for innocent people who invited them onto their property and ended up being seriously injured by dangerous ground conditions.
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These two help to complete. Property owners can no longer avoid legal liability by blaming bankrupts and victims for failing to avoid dangerous situations and hidden dangers of which they are unaware.
That means Michigan is less dangerous than other states. This resolution restores public policy requiring landlords to take reasonable steps to maintain public safety.
Of course, the insurance industry is currently appealing the decision to the Michigan Supreme Court, arguing that it increases costs. But it is the response of the insurance industry to the development of any law that better protects the life, health and welfare of citizens.
Undoubtedly the lack of predictability of the damage and gloom insurance industry is the answer to this important question:
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Who pays for the medical treatment of the thousands of victims and victims who claim legal rights against negligent or wrongful property owners under the Logos version of the Slip and Slip Act?
When injured people can’t sue because Michigan’s slip and fall laws at the time gave full immunity to shopkeepers and property owners, millions and millions of dollars in medical care just don’t go to waste. Instead, a huge bill for all medical and treatment services is handed to all of us as taxpayers.
The slip and fall law version is that we support these negligent property owners because the medical costs and disability costs will be passed on to all of us as taxpayers to pay, whether it’s Medicare, Medicaid, or Social Security Disability. Pay. These fallen and fallen victims returned from court in control.
Now that Michigan’s slip and fall laws are back to what they were “a decade ago.”
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, the person who pays is the person who has to pay, i.e. Shopkeepers and property owners who are negligent and negligent.
In Michigan, when someone is injured in a premises liability case, the slip and fall statute requires the same elements as in a general negligence case: (1) the property owner’s responsibility; (2) breach of duty; (3) reason; (4) injury or damage; and (5) consider comparative errors.
In Michigan, the question of whether a property owner is responsible for a fall or a fall victim is a legal matter to be decided by a judge. However, the jury must decide issues of fact, such as whether the property owner breached its duty and/or whether the victim was partially at fault.
Owners of property or land have a “duty of reasonable care to protect invitees from unreasonable risk of injury due to the dangerous nature of the land.” (See
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Under Michigan slip and fall laws, an “invite” is generally a person who is invited to enter another person’s property for the purpose of business. There is a “representation, warranty or implied understanding that reasonable care has been used” to “make the site safe” for the invitee. (
Breach of the property owner’s duty occurs when the property owner fails to take proper precautions to protect the guest on his property.
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