Did you recently suffer a slip and fall injury and think you may have a case? If so, you might be wondering how negligence is determined in Michigan slip and fall cases.

In this ‘he said, she said’ world, it is difficult to know sometimes what is true anymore. So it is easy to believe that there is no point in pursuing the case because no one will believe you anyhow.

But that is simply not the case. In the hands of a skilled slip and fall attorney who can prove negligence on the part of the defendant, you can get the compensation you deserve for your injuries.

How Negligence Is Determined in Michigan Slip and Fall Cases

In the world of slip and fall cases, there is a legal theory known as negligence. Proving negligence requires the plaintiff – or, more specifically, his or her slip and fall attorney – to establish four key elements.

First, an attorney must prove that the defendant was owed a duty of care to the plaintiff. According to premises liability laws in Michigan, a property owner has a legal responsibility to maintain their premises or warn of known hazards.

Second, the slip and fall lawyer has to prove that the defendant breached that duty by creating or causing a hazardous condition, or being aware of an unsafe condition and not fixing it or warning people of its presence.

Third, it must be proven that the breach caused the plaintiff’s injuries. For example, if the plaintiff suffered broken bones, they must prove that the fall directly caused that injury and it was not a pre-existing condition.

Fourth, and finally, the attorney must also show evidence that the plaintiff suffered damages such as lost wages and/or medical bills.

So it is clear that proving property owner negligence in your injury case will likely require evidence from the accident scene (and beyond) to establish your claim.

Examples of Evidence

There are some fairly common kinds of evidence that can be used to establish a claim of negligence on behalf of a property owner. Obviously, any photos or videos recorded by either you or witnesses at the accident site will be of the highest value.

In addition, eyewitness statements and a slip and fall incident report, if you’ve written one, will also help prove that you were not at fault. Expert witness testimony can also be crucial in supporting your claim against the negligent property owner.

Other helpful pieces of evidence might include any medical bills, as well as repair receipts for the damages to property incurred due to the accident.

Finally, keeping and presenting a daily accident journal where you note details about the accident, your injuries, the pain level you’re experiencing, and your ability to work is also invaluable.

The Huge Benefit of Getting a Slip and Fall Attorney

Now that you know in more detail how negligence is determined in Michigan slip and fall cases, you may be more certain than ever that you have a case.

If so, do not hesitate to contact us at 855-65CRASH or at GetDavidGetPaid.com to schedule a no-cost consultation.

The personal injury attorneys at Femminineo Law will promptly review your claim, determine where the negligence lies, and pursue a case against the party responsible for contributing to your injuries.