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Slip and Fall

Slip and fall cases often fall under the category of premise liability cases in the state of Michigan.  An owner, or the one in control of land, property, homes, stairs and stores, owes certain duties to individuals who are injured upon their property.  As an example, an owner of a business has a duty to maintain the business property in a reasonably safe condition.  A reasonably safe condition means that there cannot be slippery substances upon the walking areas.  They have an actual duty to exercise ordinary care to protect the customer or guest from unreasonable risk of injury that was or should have been known.  Likewise, the lack of handrails along stairs would be a potential reason to possibly pursue a cause of action if indeed the missing handrails caused or contributed to a fall that resulted in injury.  The Michigan Building Code regulates the way structures, stairs, walkways and handrails are to be constructed.  Oftentimes individuals are injured in slip and fall cases or premise liability cases in Michigan because the owner of the property has failed to meet the standards set within the building codes or regulations for the State of Michigan.  This can include the use of standard glass instead of safety glass in entrance doors and windows on homes, stairs that are at an uneven pitch or an improper height and walkways or decks that do not have appropriate protection if indeed someone falls.

When an individual is injured in a slip and fall case in Michigan, it is necessary to examine the facts very closely as to what caused the fall.  Other than the circumstances previously mentioned, lighting is also a factor if the fall occurred in the evening hours or in a dimly lit interior location.  In Michigan, we specifically have what is called the Open and Obvious Doctrine.  This limits the manner in which an injured person in a slip and fall case can proceed.  If a defect on the property was open and obvious and should have been noticed by the injured person prior to the incident causing the injury, then their course of recovery may be substantially limited.  It is extremely important for an experienced attorney dealing with premise liability or slip and fall cases to carefully examine the facts in order to advise the injured person of his or her rights.  Attorney James O. Elliott has handled hundreds of premise liability cases with excellent results and would like to be able to answer any questions you may have pertaining to your particular situation. 

Click here to contact Attorney James O. Elliott for a free legal consultation. He looks forward to speaking with you.

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