Winter is on its way and in fact, has already arrived earlier in the month. Snow and ice are sure to follow, which means an increase in slip and falls. Just one slip and fall accident can cause serious injuries costing an individual and their families thousands of dollars.
If you were injured because of a slip, trip, fall, or some other hazard on the premises you were on, you may be entitled to seek compensation from the property owner for your injuries. The injured party may be required to prove the general elements of a negligence claim. Proving liability or negligence can become complicated fairly quickly, so it’s important to consult with a slip and fall accident lawyer as soon after your accident as possible.
There are four basic elements that you must prove in establishing a premises liability claim:
- That the Defendant owed you a legal duty;
- That the Defendant breached that duty;
- That Defendant’s breach of his or her legal duty was a proximate cause of your injuries; and
- That you suffered damages as a result of the Defendant’s breach of the legal duty. The first step in a premises liability case is to establish that the Defendant owed you a legal duty, and the extent of the duty owed. Generally, a Defendant’s legal duty arises out of his or her possession and control over the property.
It is important to understand that this does not necessarily mean ownership of the property. In fact, the Michigan Supreme Court has found that, although the same individual or entity often holds ownership, possession, and control, they are distinctly different concepts. For example, if a shop owner is renting a building for their business, but it's their responsibility to take care of the sidewalks in front of their store, the shop owner will be liable instead of the people who own the building.
Once it's decided which individual owns the land and is responsible for injury, the second step is to identify what legal duty the Defendant owes to the injured party.
This is where having an experienced slip and fall attorney in Michigan will help. That is exactly what Bashore Green can provide. Our slip and fall lawyers have been handling these cases for clients all around Michigan for more than 20 years. Call us at 248-487-1887 or visit us online to set up your no-obligation appointment. Remember for a slip-and-fall, we don’t get paid unless we can help YOU get paid!