Whether it’s a puddle of standing water at a grocery store in July or a hidden pothole in an Orchard Lake Road parking lot in the spring, property owners have a legal duty to keep their premises safe. If you’ve been injured as a result of a slip, trip, or fall, understanding the current state of Michigan law is the first step toward the recovery you deserve.

The New Legal Standard: No More Automatic Insurance Denials

For decades, Michigan property owners relied on a legal shield known as the “Open and Obvious” doctrine. If a hazard (like a patch of ice or a large spill) was “obvious,” judges would often dismiss the case immediately, claiming the victim should have just avoided it.

That has changed. Under current Michigan Supreme Court rulings (like Kandil-Elsayed v. F&E Oil), the “obviousness” of a danger is no longer an automatic “get out of jail free” card for property owners.

• The Property Owner’s Duty: They must now anticipate that a person might still encounter a hazard, even if the hazard is visible.
• Comparative Fault: Today, if you slip on a hazard that was somewhat visible, a jury decides how much fault lies with the owner versus you. You can still recover compensation even if you were partially responsible.

⚠️ Hazards for Every Season

Negligence isn’t just a winter problem. Here are common hazards we see in Farmington Hills throughout the year:

Spring: Cracked sidewalks and potholes caused by the “thaw-and-freeze” cycle.

Summer: Spills in grocery stores, lack of “Wet Floor” signs near cooling units, or poorly maintained pool decks.

Fall: Accumulated wet leaves on walkways that become as slippery as ice.

Year-Round: Inadequate lighting in parking garages and broken handrails in apartment complexes.

What to Do Immediately After a Fall

Regardless of the season, your actions in the first 30 minutes can make or break your claim:

1. Take Photos: Document the hazard exactly as it looked when you fell.
2. Report It: Get a written incident report from the manager or property owner.
3. Identify Witnesses: Get names and phone numbers of anyone who saw the fall.
4. Seek Medical Care: Some injuries, like herniated discs or concussions, don’t show symptoms until days later.
5. Call Neil Davis: We investigate the property’s maintenance history to prove the owner knew about the danger long before you arrived.

Don’t Wait for the Next Big Freeze

The statute of limitations for personal injury in Michigan is 3 years, but evidence such as security footage or witness memories can disappear within days. Whether you fell on ice or a spilled drink, let the Davis Law Center handle the fight against the insurance companies.

Contact Davis Law Center for a FREE Consultation

If you have suffered a slip, trip, or fall injury as a result of someone else’s negligence, contact us or visit us at 30500 Northwestern Highway, Ste. 500, Farmington Hills, MI. We can help during this difficult time and maximize your recovery.

Davis Law Center: your trusted partner for personal injury accident cases. Serving Detroit, Farmington Hills, Southfield, Macomb County, Wayne County, Oakland County, and all of Michigan.