Ann Arbor Slip-and-Fall Attorneys

Michigan’s slip-and-fall rules changed materially in 2023, and a lot of Ann Arbor residents are still being told their case cannot proceed because the hazard was obvious.

That advice was accurate before the Michigan Supreme Court decided Kandil-Elsayed v. F & E Oil, Inc. and Pinsky v. Kroger Co.

Under the current rule, an obvious hazard does not automatically defeat a premises liability claim. Instead, the hazard may affect whether the property owner acted reasonably and how much fault is assigned to the injured person.

An Ann Arbor slip and fall lawyer at Goodman Acker, P.C. reviews the specific facts of a fall under the current Michigan standard, not the retired one.

To speak with our team about a slip and fall in Ann Arbor or Washtenaw County, call 248-861-8100.

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How Goodman Acker Approaches an Ann Arbor Premises Liability Case

Goodman Acker makes early evidence preservation a priority in Ann Arbor slip and fall cases. A patch of black ice melts within hours. A wet floor gets mopped and marked. A broken step gets repaired before litigation is even a possibility.

Building the case starts with documenting what actually caused the fall before the property owner or the weather changes the scene.

Steps we take early on a Washtenaw County premises liability claim include:

• Photographing the hazard and the surrounding lighting, drainage, and signage conditions
• Requesting incident reports from the property owner or business
• Obtaining surveillance footage from cameras that captured the fall or the hazard
• Identifying and interviewing witnesses before their memory of the scene fades
• Coordinating medical documentation from the client’s treating providers

Our attorney fee is contingent on a recovery. Our firm may advance case expenses subject to the terms of the fee agreement, and no attorney fee is owed if no recovery is made.

How Did Michigan’s Open and Obvious Doctrine Change?

Michigan’s open and obvious doctrine changed in 2023, when the Michigan Supreme Court held in Kandil-Elsayed v. F & E Oil, Inc. and the companion case Pinsky v. Kroger Co. that open and obvious hazards no longer categorically bar a premises liability claim.

Under current Michigan law, whether a hazard was obvious factors into the comparative fault analysis rather than serving as an automatic defense.

What the Old Rule Said

Under Michigan’s pre-2023 rule, a property owner generally had no duty to protect an invitee from a hazard the invitee should have seen and avoided on their own.

Ice patches, wet spots, and other visible dangers frequently ended cases at the summary disposition stage before a jury ever heard the facts.

What the Current Framework Looks Like

The current framework requires property owners to exercise reasonable care to protect people on their property, and it lets the jury assign fault percentages between the property owner and the injured person.

A slip on visible ice at an Ann Arbor commercial property may still support a claim under the current standard, subject to Michigan’s comparative fault statute (MCL 600.2959) and the specific facts of the case.

Why This Matters for Ann Arbor Cases

Ann Arbor property owners deal with sustained winter conditions, freeze-thaw cycles, and high pedestrian volume from University of Michigan students, faculty, and event traffic.

Under the retired doctrine, plenty of legitimate cases involving preventable ice hazards on commercial and rental properties were dismissed early. The current framework opens the door to litigating those facts.

What Are the Most Common Slip and Fall Causes in Ann Arbor?

Many Ann Arbor slip and fall cases involve winter weather, older properties, student housing, and heavy downtown foot traffic. Liability depends on who controlled the property and what steps were taken to prevent or correct the hazard.

Recurring Ann Arbor slip and fall scenarios include:

• Ice and snow accumulations on commercial property walkways, entrances, and parking lots
• Freeze-thaw refreeze cycles producing black ice on sidewalks that were shoveled earlier in the day
• Wet floors inside restaurants, coffee shops, and grocery stores along Main Street, State Street, and Liberty Street
• Broken or uneven stairs, handrails, and thresholds in older downtown Ann Arbor buildings and student rentals
• Poor lighting in parking structures serving downtown venues and University of Michigan event traffic
• Cluttered, obstructed, or damaged flooring inside retail spaces at Briarwood Mall and nearby commercial corridors
• Cracked or heaved pavement on commercial sidewalks and municipal walkways

Documenting the specific hazard promptly is often what separates a case that resolves favorably from one that dissolves for lack of proof.

Who May Be Held Liable for a Washtenaw County Slip and Fall?

Liability for a Washtenaw County slip and fall depends on who owned, controlled, or maintained the property where the fall happened.

The applicable duty of care changes depending on whether the injured person was an invitee, a licensee, or a trespasser under Michigan premises liability law.

The table below shows who may be responsible in an Ann Arbor slip and fall case and the duty that may apply.

Identifying every potentially responsible entity, including snow removal contractors or maintenance companies, can help determine whether additional defendants or sources of insurance coverage may apply.

What Duty Does a Landlord Owe in an Ann Arbor Rental?

Landlords in Michigan owe residential tenants a statutory duty to keep the leased premises and common areas fit for their intended use under MCL 554.139. This duty applies independently of common law premises liability principles and generally may not be waived in the lease.

Snow and Ice on Common Areas

Ann Arbor’s dense stock of student and young-professional rental housing puts a lot of tenants on stairs, walkways, and parking areas that landlords are responsible for maintaining in a fit condition.

Michigan courts have interpreted the statutory duty to reach ice and snow accumulations on common areas in specific factual settings, though results turn on the details of the property and the accumulation.

Interior Conditions

Interior hazards in a rental unit, including broken flooring, defective stair treads, and inadequate lighting on shared stairways, may support a claim against the landlord under either the statutory duty or ordinary premises liability principles.

Documenting when the landlord received notice of the condition often becomes central to the case.

What Should You Do After a Slip and Fall in Ann Arbor?

After a slip and fall in Ann Arbor, prompt medical care and prompt documentation of the hazard are the two most important early steps.

Delays on either front weaken the case, because injuries appear less serious in the record and hazards get modified or cleaned up before evidence is preserved.

Practical steps to take after a slip and fall in Ann Arbor include:

• Obtain prompt medical evaluation, even for injuries that seem minor at first
• Report the fall to the property owner, manager, or business in writing
• Request a copy of any incident report the business creates about the fall
• Photograph the hazard from multiple angles, including any warning signs or the absence of signs
• Preserve the shoes and clothing worn at the time of the fall
• Keep the names and contact information of any witnesses to the fall

Getting these items secured within days of the fall builds a factual record that later legal work depends on.

How Long Do You Have to File an Ann Arbor Slip and Fall Lawsuit?

The filing deadline for an Ann Arbor slip and fall lawsuit generally runs three years from the date of the fall under MCL 600.5805 for claims against private property owners. Different rules and shorter notice windows may apply to claims against governmental entities.

Governmental Notice Windows

Claims against the City of Ann Arbor, Washtenaw County, or other governmental entities may require written notice served on the responsible entity within a short statutory window after the injury under MCL 691.1401 et seq..

Sidewalk and public building cases frequently fall into this category. Missing the notice window may bar the claim regardless of how strong the underlying facts are.

Claims Involving the University of Michigan

Claims involving the University of Michigan generally proceed in the Michigan Court of Claims and follow governmental immunity rules with potential statutory exceptions, including the public building exception under MCL 691.1406 in appropriate cases.

Identifying the correct defendant early is one of the most important steps in an Ann Arbor slip and fall case.

Talk to an Ann Arbor Slip and Fall Lawyer Before Evidence Disappears

The hazard that caused your Ann Arbor slip and fall may not exist tomorrow. Ice melts, wet floors dry, warning signs appear where there were none, broken stairs get repaired, and surveillance footage gets overwritten on standard business retention cycles.

Every day between the fall and the first legal step is a day the case may lose evidence it cannot get back.

Goodman Acker, P.C. represents Ann Arbor and Washtenaw County clients in premises liability claims. Call 248-861-8100 to speak with an Ann Arbor slip and fall lawyer about preserving photographs, incident reports, and witness information.

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LEGALLY REVIEWED BY BARRY J. GOODMAN

Barry J. Goodman has devoted his professional life to keeping courthouse doors open for victims seeking justice. Always a tireless advocate for his own clients, Goodman sees his responsibility as a Detroit personal injury attorney in a broader sense as well. [ Attorney Bio ]