Michigan law states that a property owner must keep their premises safe and free of hazards – whether this is a home, apartment building, restaurant, parking lot, mall, or grocery store.
So if you are the victim of a slip and fall on a sidewalk, you may have a claim and the right to seek damages. And this is fortunate for you.
Because for over two decades, the “open and obvious” doctrine in Michigan left slip and fall attorneys frustrated as plaintiffs could not even make a case in court.
The Open and Obvious Defense
In 2001, the Supreme Court allowed for the use of the “open and obvious” defense. This allowed property owners to avoid liability for injuries caused by clearly visible hazards and was a line of defense that was often used in slip and fall cases. If the cases even made it to court, that is.
Open and obvious was based on the idea that an injured person should have seen an obvious danger and then done what was needed to avoid it.
For example, if a person slipped on a large patch of ice on a neighbor’s or business’s sidewalk and there was ample room to get around the ice, the open and obvious defense could be used to ensure that the property owner was off the hook for damages and protected from litigation.
In 2015, the passing of House Bill 4686 further established that a municipality being sued for a slip and fall sidewalk injury could use common law defense available to regular people, including open and obvious. This was another strike against any victim of a slip and fall.
In fact, for more than 20 years, the open and obvious doctrine prevented almost all slip and fall lawsuits from going to court while rewarding landowners for negligence.
Getting Rid of an Unfair Line of Defense
Even though open and obvious doctrine implied that property owners did not owe visitors any damages if they could have easily avoided injury, there were still special circumstances where the property owner could be held liable. These situations were known as special aspects.
During the 20+ year stretch of the open and obvious doctrine, courts were remiss in consistently applying the law and felt that the defense ultimately contradicted premises liability law. In addition, there was a special aspects test that did not properly clarify whether the property owner satisfied or breached their duty of care. In other words, the test only served to create more confusion.
So it came as good news to frustrated personal injury attorneys in 2023 when the Michigan Supreme Court finally overruled the doctrine. The court ruled that going forward, premises liability claims would be based on fault and whether the property owner violated their duty to protect visitors.
Comparing Sidewalk Slip and Fall Litigation Then to Now
If you had been unfortunate to suffer a slip and fall injury on an icy sidewalk in front of a store in 2002, hiring a slip and fall attorney to sue the store would have been useless. The open and obvious defense would have stated that ice is common during the winter and that the store did not owe you any compensation or damages.
Today, however, you would be able to take your case to court where they would evaluate the store’s actions to shovel, salt, and make its patrons aware of ice. It would likely find both parties at fault, but you would be awarded damages to cover things such as medical bills and time off work.
While this may not eliminate your pain and suffering, it would sure make things easier.
Get Compensation for Your Slip and Fall on a Sidewalk
Gone are the days when a slip and fall on a sidewalk case would never even make it to court. You can now seek damages and compensation.
So do not hesitate to call us at 855-65CRASH or at GetDavidGetPaid.com to schedule a no-cost consultation. The personal injury attorneys at Femminineo Law will review your claim, determine where the negligence lies, and pursue a case against the party responsible for contributing to your injuries.
We are here to get you the compensation you deserve.
