It happens in a split second. One moment you’re walking across a cold Michigan parking lot or reaching for something in a grocery aisle—and the next, your feet fly out from under you. Maybe it’s black ice that blended into the pavement. Maybe it’s a wet tile floor left unmarked. Maybe it’s a slushy storefront entrance no one bothered to clean.

But here’s the truth—it probably wasn’t your fault at all.

Most slip-and-fall injuries aren’t caused by carelessness. They happen because property owners failed to keep their spaces safe—failed to salt, failed to clean, failed to inspect, failed to warn.

And when insurers try to twist the story, weaponize your embarrassment, or question your credibility?

At Marko Law, we fight for the truth—and we don’t back down when insurers try to blame you.

What Michigan Law Actually Says About Slip & Fall Fault

Property Owners Have Duties

Businesses and property owners are required to:

• Remove snow and ice
• Salt sidewalks and parking lots
• Clean up spills promptly
• Inspect aisles and entryways
• Put out warning signs
• Maintain lighting, flooring, stairways, and walkways

They must keep their premises reasonably safe for customers and visitors. When they fail, Michigan law allows injured people to pursue justice.

Negligence Defined

Negligence occurs when someone fails to use reasonable care, resulting in harm to another person. Under Cornell Law’s definition, negligence is behavior that “falls below the standard established by law for the protection of others against unreasonable risk of harm.”

If a store leaves a puddle for too long, ignores black ice, or skips inspections, that’s not an “accident”—that’s negligence.

The “Open & Obvious” Doctrine — And Its Evolving Status

For years, Michigan stores and insurers hid behind the “open and obvious” rule, claiming that if a hazard could have been seen, they didn’t have to fix it. But the legal landscape is changing.

Michigan courts now recognize:

• Some hazards are unavoidable, like walking into a store through required entrances.
• Some dangers are hidden, like black ice or water beneath slush.
• Property owners can still be liable when they create or ignore dangerous conditions.

This shift has opened the door for more victims to get justice—especially in winter months.

Comparative Fault in Michigan

Even if you think you were “partially” at fault, you can still recover damages.

Here’s how it works:

• If you share some responsibility, your compensation may be reduced by your percentage of fault.
• But unless you were more than 50% responsible, you can still recover damages for pain and suffering.
• No-Fault benefits (like medical coverage or wage loss) may still apply regardless of fault.

In most slip-and-fall cases, the lion’s share of fault lies with the property owner—not the injured person.

What You Should Do Immediately After a Slip & Fall

Photograph the Hazard

If you can safely do so, take photos of:

• The exact spot where you fell
• The spill, ice, defect, or obstruction
• The surrounding area (mats, signage, lighting)
• Your visible injuries

Pictures taken before a store can “clean up” are powerful evidence.

Get Witness Info

Witnesses disappear quickly in retail locations. If anyone saw you fall—or saw the hazard before you fell—get:

• Names
• Phone numbers
• Short statements if they’re willing

Independent witnesses can shut down false claims by the store.

Report the Incident—but Do NOT Give Statements

Tell the manager what happened—but do not:

• Apologize
• Speculate
• Say you “weren’t paying attention”
• Agree to a recorded statement

Managers are trained to gather details that help the store, not you. Keep it simple and factual.

Seek Immediate Medical Care

Not only does prompt treatment protect your health, but it also documents:

• Pain
• Swelling
• Limited mobility
• Hidden injuries like concussions or back trauma

Michigan No-Fault insurers may deny coverage if you delay care—so don’t wait.

Do Not Sign Anything from the Property Owner

Stores sometimes shove paperwork at you, claiming it’s needed for “insurance” or “procedure.”
Don’t sign anything.

These forms often contain:

• Waivers
• Blame-shifting language
• “Incident summaries” that favor the store

Let Marko Law handle all communication.

Call Marko Law Before Speaking to Insurance

Insurance adjusters will quickly try to minimize your injury or push you into admitting fault. Don’t talk to them alone.

How Marko Law Proves the Fall Was NOT Your Fault

Obtaining Video Footage

Most stores record everything. We move fast to secure:

• Camera angles showing the fall
• Footage from before the fall
• Evidence of other customers slipping

Without quick action, video is often deleted within days.

Reviewing Weather Data & Winter Maintenance Logs

Michigan winters demand strict maintenance. We analyze:

• Snowfall records
• Temperature patterns
• Salting logs
• Plowing schedules
• Entryway maintenance logs

If a store didn’t act reasonably, we prove it.

Analyzing Store Policies and Inspection Records

We demand:

• Safety manuals
• Cleaning checklists
• Employee training records
• Inspection logs
• Hazard reports

If the store ignored its own safety rules, that’s powerful evidence of negligence.

Investigating Negligent Maintenance

Common issues include:

• Broken handrails
• Loose mats
• Uneven flooring
• Improper lighting
• Overflowing coolers

We document every unsafe condition.

Working With Safety & Engineering Experts

Expert testimony helps juries understand:

• Why the hazard was dangerous
• Why the store failed to act
• How the fall could have been prevented

These experts strengthen your case dramatically.

Reconstructing the Hazard Timeline

We build a timeline showing:

• How long the hazard existed
• Who should have spotted it
• What the store failed to do

This often reveals constructive notice—meaning the store should have known and acted sooner.

Damages You May Be Entitled To

Medical Bills

Emergency room visits, X-rays, MRIs, surgery, physical therapy, chiropractic care, medications, and specialist appointments. These costs add up fast, and we fight to make sure you’re not stuck paying for a store’s negligence.

Future Care

Many slip-and-fall injuries—especially back, hip, knee, and traumatic brain injuries—require long-term treatment. We work with medical experts to calculate your future care needs so you’re not left financially vulnerable.

Pain & Suffering

This covers physical pain, emotional distress, loss of mobility, and the long-term consequences of your injuries. Pain and suffering damages often make up the largest part of a slip-and-fall recovery.

Lost Wages

If your injuries prevent you from working, or if your mobility or cognitive limitations affect your earning ability, you may be entitled to compensation for both past and future lost income.

Household Replacement Services

Michigan law allows compensation when you can no longer handle daily tasks like cleaning, childcare, meal preparation, or yard work because of your injuries.

Loss of Enjoyment of Life

If you can no longer participate in hobbies, activities, or family routines that once brought you joy, you may be entitled to damages for this profound loss.

Stop Blaming Yourself—Start Protecting Your Rights.

Most slip-and-fall injuries aren’t the victim’s fault—they’re the result of unsafe conditions, negligent property owners, and businesses cutting corners on maintenance. Michigan law is clear: property owners have a duty to keep their spaces reasonably safe. And when they fail, they can be held responsible.

Even if you think you were “partially at fault,” you may still have a claim. Michigan’s comparative fault system ensures that injured people can recover damages even when they share some responsibility—because the truth is, most of the responsibility rests on the property owner.

At Marko Law, we cut through the noise.
We fight for the injured—and we don’t back down.

Contact Marko Law for a Free Case Evaluation

📞 Phone: +1-313-777-7777
📍 Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Website: https://www.markolaw.com/

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