- January 4, 2021
- Personal Injury
- Slip & Fall Accident
In a unanimous decision, the State of Michigan Court of Appeals recently overturned the Trials Court’s dismissal of our client’s lawsuit resulting from a slip and fall on ice.Goodman Acker is representing the Detroit, Michigan client. Our client was taking his garbage to the communal dumpster of his apartment complex when he fell in the parking lot. The temperature was in the 30’s and a “light dusting” of snow covered the ground. EMS came to the scene. As a result of the fall, he broke his leg and underwent surgery.
The client hired Goodman Acker law firm to represent him for his claim against the apartment complex. Our lawsuit claimed that the apartment complex failed in its duty to maintain the premises in reasonable repair and fit for its intended purpose. The complex failed to shovel, salt, and properly maintain the common areas in the complex, specifically the area in front of the communal dumpsters.
The Complex claimed that our client fell in a parking lot, which was fit for its intended purpose of parking vehicles, and thus his lawsuit should be dismissed.
The Trial Court dismissed our client’s case.
Goodman Acker appealed that decision and took the case to Court of Appeals. We are thrilled to announce that we won on behalf of our client. The Court of Appeals overturned the dismissal and held that it was error for the Trial Court to dismiss our client’s case.
The Court of Appeals determined that the parking lot in which our client fell was a common area. The parking lot was not only used for parking cars but also served as the pathway to the dumpsters used by the tenants. Additionally, the circuit court found that the area had to provide reasonable access to the dumpsters to be fit for it intended purpose.
At Goodman Acker, we make it our job to hold corporations and owners liable for their negligence in keeping patrons safe. We understand that you should not have to pay for mounting medical bills or lost wages if your injury could have been prevented.
If you or a loved one are injured in a slip/trip and fall in an apartment complex it is to your benefit to discuss your case with an attorney who has experience in these types of claims. Unfortunately, Michigan’s Open and Obvious Doctrine often protects property owners from any civil liability regarding injuries sustained by defects on their property. At Goodman Acker, we have years of experience bringing claims against property owners for premise liability claims, and winning despite the Open and Obvious Doctrine. Call our office today for your free, no-obligation case review. We will be able to answer all your questions and determine if you have a case.