A fall that should never have happened can leave you with broken bones, mounting bills, and a property owner or insurer who suggests you should have watched your step. Before anyone decides who was to blame, you should have a clear explanation of your rights.
Goodman Acker, P.C. represents people injured in falls on unsafe property throughout Detroit and Wayne County.
As a Detroit slip and fall lawyer team, we focus on what Michigan premises liability law actually requires of property owners and how recent changes in that law affect your claim.
If you were hurt in a fall at a store, apartment complex, parking lot, or other property in Detroit, contact Goodman Acker to talk about what happened.
How Goodman Acker Helps After a Detroit Fall
Goodman Acker, P.C. handles premises liability and slip and fall claims as one of our firm’s core practice areas. From our Southfield office, our team represents people hurt in falls at businesses, rental properties, and public places across Wayne County.
When we take on a Detroit slip and fall case, our work often includes:
- Sending preservation requests for video, incident reports, and maintenance records
- Determining who owned, managed, or maintained the area where you fell
- Applying the current Kandil-Elsayed standard rather than outdated defenses
- Documenting your injuries and their effect on your work and daily life
- Negotiating with the property owner’s insurer and filing suit in Wayne County Circuit Court when needed
No lawyer can promise a particular outcome, and every claim depends on its facts. Our goal is to make sure your claim is evaluated under the law as it stands today.
If you were injured in a fall in Detroit, contact Goodman Acker to discuss your situation with our team.
Who Is Responsible for a Slip and Fall in Detroit?
A slip and fall claim usually focuses on the person or business that owned or controlled the property where you were hurt. The level of care they owed you depends mostly on why you were on the property.
Michigan law sorts visitors into three main categories:
| Visitor status | Example in Detroit | Duty the property owner owes |
|---|---|---|
| Invitee | A shopper at a grocery store or a customer at a restaurant | Inspect for hazards and use reasonable care to protect against unreasonable risks |
| Licensee | A social guest at a friend’s home | Warn of hidden dangers the owner knows about |
| Trespasser | Someone on the property without permission | Avoid willful and wanton harm |
Most slip and fall claims against businesses involve invitees, who receive the most protection. Tenants in their apartment buildings also have additional protection under Michigan’s landlord-tenant law, covered below.
How Did Kandil-Elsayed Change Michigan Slip and Fall Cases?
In Kandil-Elsayed v. F & E Oil, decided in 2023, the Michigan Supreme Court changed how the “open and obvious” doctrine works. A hazard being visible no longer automatically wipes out a property owner’s duty to the injured person.
The Old Rule
Before this decision, property owners regularly won dismissal by arguing that an average person would have noticed the hazard. Ice, wet floors, and uneven pavement were often labeled open and obvious, and many claims ended before a jury ever heard them.
The Current Rule
Today, whether a hazard was open and obvious is part of the question of whether the owner acted reasonably, and it can also bear on the injured person’s share of fault.
The court also eliminated the separate “special aspects” test that injured people previously had to satisfy, which means more slip and fall claims now turn on the facts rather than an early dismissal.
Detroit Fall Hazards That Commonly Lead to Claims
Slip and fall claims in Detroit tend to arise from a handful of recurring conditions. Each one raises its own questions about what the property owner knew and when.
Ice and Snow in Parking Lots and Walkways
Michigan winters create hazards that property owners must address within a reasonable time. Claims often turn on whether the owner salted, plowed, or warned visitors, and how long the condition had been present before the fall.
Spills and Wet Floors in Stores
Grocery stores and big-box retailers must inspect their floors and clean up spills within a reasonable time. Store inspection logs, cleaning schedules, and surveillance video often show whether employees knew about a spill or should have found it.
Falls in Apartment Buildings
Under MCL 554.139, a landlord promises that the premises and common areas are fit for their intended use and kept in reasonable repair.
Broken stairs, missing handrails, and poorly lit hallways can support a claim based on this statutory duty in addition to general premises liability.
Commercial Properties and Office Buildings
Loose mats, uneven flooring, and poorly maintained entrances at offices, hotels, and medical buildings can also lead to falls. Responsibility may rest with the owner, a property manager, or a maintenance contractor, depending on who controlled the area.
What If You Fell on a City Sidewalk in Detroit?
Falls on public sidewalks follow different rules because government agencies have broad immunity under Michigan law. A claim is still possible, but it must fit within the highway exception and meet strict requirements.
A claim involving a municipal sidewalk generally requires showing:
- A defect that made the sidewalk not reasonably safe, keeping in mind that a raised edge of less than two inches creates a rebuttable inference the sidewalk was in reasonable repair under MCL 691.1402a
- That the city knew, or reasonably should have known, about the defect at least 30 days before the fall
- Written notice of the injury and defect within 120 days of the fall under MCL 691.1404
These requirements make early action especially important. A sidewalk can be repaired within weeks, removing the evidence of the defect that caused the fall.
What Evidence Helps Prove a Slip and Fall Claim?
The strongest Detroit slip and fall claims show what the hazard was, how long it existed, and what the owner did or did not do about it. Evidence that often matters includes:
- Photos of the hazard, the surrounding area, and your footwear taken as soon as possible
- Surveillance video from the property, which many businesses overwrite within days or weeks
- The incident report prepared by the store, landlord, or property manager
- Names and contact information of witnesses and employees who saw the fall or the hazard
- Inspection, cleaning, and maintenance records for the area where you fell
- Medical records that connect your injuries to the fall
A letter asking the property owner to preserve video and records is often one of the first steps in a claim. Without it, key evidence can disappear through routine deletion.
What Compensation Can a Detroit Slip and Fall Claim Include?
A Detroit slip and fall claim can include both economic losses, such as medical bills and lost wages, and noneconomic losses, such as pain and suffering.
Unlike a car accident claim, a premises liability claim has no no-fault threshold to meet before pain and suffering damages are available.
Economic Damages
Economic damages cover losses that can be measured with records and receipts. These include past and future medical treatment, physical therapy, lost wages, reduced earning capacity, and out-of-pocket costs such as medical equipment or help at home during recovery.
Noneconomic Damages
Noneconomic damages compensate for the personal effects of an injury that do not come with a bill.
Pain, limits on daily activities, lost enjoyment of hobbies, and the emotional toll of a long recovery all fall into this category, and they often depend on how well the injury’s impact on everyday life is documented.
Injuries That Often Follow Serious Falls
Falls commonly cause fractured wrists, hips, and ankles, as well as head and back injuries. Even injuries that seem minor at first can lead to months of treatment, which is why waiting to see how recovery goes before resolving a claim is often important.
How Does Comparative Fault Work in a Michigan Slip and Fall?
Michigan does not bar a slip and fall claim just because the injured person was partly at fault.
Under MCL 600.2959, damages are reduced by the injured person’s percentage of fault, and a person found more than 50% at fault cannot recover noneconomic damages such as pain and suffering.
For example, if a jury finds a store 80% at fault for a spill and a shopper 20% at fault for looking at a phone, the shopper’s damages are reduced by 20%.
If the shopper were found 60% at fault, the shopper could still recover a reduced share of economic losses like medical bills and lost wages, but not pain and suffering.
Why the Open and Obvious Argument Still Matters
After Kandil-Elsayed, property owners often shift the open and obvious argument into comparative fault. That makes careful documentation of lighting, weather, distractions, and the nature of the hazard important for limiting how much fault is assigned to the injured person.
How Long Do You Have to File a Slip and Fall Claim in Michigan?
Most Michigan premises liability lawsuits must be filed within three years of the fall under MCL 600.5805. Claims against government agencies come with the much shorter 120-day notice requirement described above, and that deadline can arrive before a person has finished treatment.
FAQs for a Detroit Slip and Fall Lawyer
Can I make a claim if I fell at a friend’s house in Michigan?
A social guest in Michigan is usually treated as a licensee, so the homeowner owes a duty to warn of hidden dangers the homeowner knew about. These claims are typically paid through the homeowner’s insurance policy rather than by the homeowner personally.
Who pays my medical bills after a slip and fall in Detroit?
Health insurance usually pays medical bills after a slip and fall in Michigan, and it may seek repayment from any later settlement. Some property owners also carry medical payments coverage that pays limited medical expenses regardless of fault, which can help with early bills.
Does it matter if I didn’t report my fall right away?
Reporting a fall late does not automatically end a Michigan slip and fall claim, but it can make proof harder. Delays give the property owner more room to dispute where and how the fall happened, and video or other records may be deleted in the meantime.
Can I still have a case if I was wearing heels or looking at my phone?
Footwear or distraction does not by itself bar a slip and fall claim in Michigan. Those facts may be used to assign part of the fault to the injured person, which can reduce the damages recovered under the comparative fault rules.
What if I fell because of ice at my Detroit apartment complex?
A Detroit tenant who falls on ice in a common area may have a claim under both general premises liability law and the landlord’s statutory duty to keep common areas fit for their intended use.
Courts have interpreted that statutory duty narrowly for snow and ice, so the general premises liability claim is often the more important one.
Contact a Detroit Slip and Fall Lawyer About Your Next Steps
A fall can change your routine overnight, and it is easy to second-guess whether you have a claim. Talking through the facts with someone who knows Michigan premises liability law can bring clarity to what comes next.
Goodman Acker represents people injured in falls throughout Detroit and metro Detroit. Contact our team to talk about your fall and the options available to you.
Goodman Acker P.C.
Serving Detroit from Our Southfield Headquarters
Two Towne Square, Suite 444 Southfield, MI 48076
Phone: 248-861-8100
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 ]
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