Slip and Fall Accident in Michigan – Grand Rapids Serious Injury Lawyer
Were You or Someone You Know Injured Via a Slip and Fall Accident?
In Michigan, the owner of a premise may be liable for injuries to someone who slips and falls or trips and falls if it can be proved that their negligence led to the injury. A slip and fall injury can be extremely serious and result in fractures or neurological damages.
Premises liability is the law that commonly governs slip and fall accidents. Although premises liability varies from state to state, in Michigan there are some very strict rules. For instance, in Michigan they have the open and obvious rule. However, in certain circumstances property owners are required to maintain their premises free of accumulated ice by salting the premises.
Each premises liability case must be evaluated on an individual basis before it can be considered whether or not the property owner took reasonable precautions under the circumstances to make the area safe. Always notify the property owner as soon as possible after an accident.
Other Common Types of Accident Cases that the Landowner may have Responsibility:
- Faulty stairways and stair collapse
- Porch railing failures
- Tripping or falling due to uneven sidewalks
- Torn of ripped carpet
- Failure to remove ice or salt premises
- Fire and smoke injuries
- Defects at commercial properties causing slips, trips or falls
- Exposure to toxic fumes or chemicals such as asbestos
- Building code and housing code violations
- Failure to make repairs or maintain premises
Liability For Personal Injuries Caused by Unsafe Premises
The person responsible for injuries caused by negligent maintenance of the property usually is the property owner. However, many commercial properties are leased to business tenants, and the property owner might not control the property. In that case, it may be that the business renting the property becomes responsible for the maintenance of the property. In residential properties, the tenant and the landlord might share responsibility in certain situations. A contractor working on the premises might also share in the liability. In most of these cases, the responsible party will have liability insurance. There may also be medical payments benefit that will automatically cover a certain amount of the bills. insurance.
When Premises Owner knew or should have discovered defective condition on premises
Generally speaking, a property owner is liable if they caused an unsafe condition which led to the subsequent slip and fall of the victim. The property owner may also be liable if they knew or should have known there was a dangerous condition on the premises but did nothing to correct it. Additionally, a property owner can be liable if they should have known about a danger because a reasonable person would have found the problem and taken steps to prevent injuries but instead failed to secure the premises.
Apartment Building and Management Association Liability for Slip and Falls in Common Areas
The law in Michigan is well settled on the duties of the apartment building to maintain the common areas. The State Statute is a follows:
554.139 Lease or license of residential premises; covenants; modifications; liberal construction, inspection.
(1) In every lease or license of residential premises, the lessor or licensor covenants:
- That the premises and all common areas are fit for the use intended by the parties.
- To keep the premises in reasonable repair during the term of the lease or license, and to comply with the applicable health and safety laws of the state and of the local unit of government where the premises are located, except when the disrepair or violation of the applicable health or safety laws has been caused by the tenants willful or irresponsible conduct or lack of conduct.
(2) The parties to the lease or license may modify the obligations imposed by this section where the lease or license has a current term of at least 1 year.
(3) The provisions of this section shall be liberally construed, and the privilege of a prospective lessee or licensee to inspect the premises before concluding a lease or license shall not defeat his right to have the benefit of the covenants established herein.
Apartment Owners have a duty to maintain repair of the premises in Michigan
A premises owner has a duty to exercise reasonable care to protect an invitee from unreasonable risk of harm caused by a dangerous condition on the premises, but not when the condition is “open and obvious.” However the defendant cannot use the “open and obvious” danger doctrine to avoid liability when the defendant has a statutory duty to maintain the the premises in accordance with Section 554.139. Thus, apartment managers are required to maintain the common areas free from pot holes, ice in the parking lot, general disrepair and other hazards.
There are many factors that should be considered in a slip and fall accident in Michigan. Often a slip and fall will involves a construction defect that violated a zoning ordinance. It also may be necessary to hire a contractor or engineer to determine fault.
“Better Call Stahl” Grand Rapids Personal Injury Lawyer
In a slip and fall case there is no attorney unless the client recovers money damages. Gerald R. Stahl is conveniently located in Grand Rapids on East Beltline NE near Knapp’s Corner and the 63rd District Court. For the best personal injury representation call Gerald R Stahl. The Grand Rapids Accident Lawyer at 616-456-7372.
Gerald R. Stahl is a serious injury lawyer that has successfully handled numerous premises liability cases since 1982. He works in all Western Michigan courts including Kent County, Allegan County, Newaygo County, Muskegon County, and Ottawa County. If you have been injured in a personal injury accident contact Gerald R Stahl for a free consultation.
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