MICHIGAN SLIP & FALL FAQ
I FELL AT A STORE, SHOULD I FILE AN INCIDENT REPORT?
Generally, it is better that there is some form of documentation of the incident. Be aware that questions dealing with how the accident occurred will be looked at carefully in the future.
DOES IT MATTER WHETHER I AM ON THE PROPERTY WHERE I FELL FOR SOCIAL OR BUSINESS REASONS?
Yes it could. There are three main categories of individuals: Invitees, licensees and trespassers. The law treats each category differently. Invitees are owed the highest duty by the property owner.
WHAT WAS MY LEGAL STATUS ON THE PROPERTY?
Since each case is different and very fact specific, it is a question better answered on the phone or through a personal email.
HOW LONG DO I HAVE TO PURSUE A CLAIM FOR INJURIES SUSTAINED IN A SLIP & FALL?
In Michigan, for adults, there is a three year statute of limitations. This means that you have 3 years from the accident to resolve the claim or file a lawsuit. Minors have until one year after their 18th birthday to either resolve the claim or file a lawsuit.
SHOULD I SEEK MEDICAL ATTENTION AFTER THE ACCIDENT?
If you or someone that you know was injured, you should immediately seek proper medical attention. Often injuries can minimized by seeking the proper medical attention. It is important that you give a thorough history regarding the accident to your doctor.
SHOULD I TAKE PHOTOGRAPHS OF MY INJURIES AND/OR THE ACCIDENT SCENE?
Yes. Even if you initially do not wish to pursue a claim, at least you will have documentation in the event that you later elect to proceed with a claim. Obviously, if taking photographs of the accident scene would be problematic, then it is likely better to refrain from taking the photographs until later.
IS THERE ANY TYPE OF INSURANCE THAT WOULD BE RESPONSIBLE FOR MY INJURIES?
Generally, yes. If the property owner has a homeowners or commercial insurance policy, those types of insurance would often protect against the loss.
HOW MUCH ARE MY INJURIES WORTH?
Every case is different. There are several factors that go into establishing the value of the claim. As such, you should call our office as shortly after the incident as possible to make sure that the claim is properly handled from the beginning.
SHOULD I MAKE A STATEMENT TO THE HOMEOWNER OR STORE'S INSURANCE COMPANY IF THEY CALL?
Although every case is different, you should likely not make a statement to any insurance representative without at least making a call to an attorney first. Remember, at our office, the call is free. You need to be sure that the situation is handled properly from the beginning.