After a slip and fall on tracked-in snow or ice, you must prove someone was negligent toward you to be eligible for compensation for your injuries. This usually involves showing that the business where you fell had a duty to remove dangerous snow and ice, that the owner or manager didn’t take steps to do so, and thus their negligence resulted in your injuries.
Our Michigan slip and fall injury lawyers at Fieger Law can help you with every step of your personal injury claim, including gathering and submitting the necessary evidence to secure your compensation. Read on to learn what actions can set you up for a successful claim and what you must prove to win.
Steps to Take After a Slip and Fall
Certain actions can strengthen your case if you’ve decided to pursue a lawsuit after slipping and falling on tracked-in snow or ice at a commercial business. Ideally, you should do the following immediately after your accident—if not, take these steps as soon as you decide to file:
- Document the scene. Immediately take pictures of where you fell, especially focusing on snow, ice, or puddles on the floor. Visual evidence can demonstrate the conditions that caused your fall.
- Report the incident. Inform the business owner or manager about the incident as soon as possible. Ensure that they make a formal report and ask for a copy. This creates an official record of the event.
- Gather witness information. If anyone witnessed your fall, ask for their contact information. Witness testimonies can provide independent accounts of the conditions that led to your injury.
- Seek medical attention. Even if injuries seem minor, get medical attention immediately. A medical professional’s evaluation provides an official record of your injuries, which is essential for your claim.
- Keep a symptom diary. Document how the injury affects your daily life. Use a notebook or platform like Google Docs, and remember to date your entries. Your attorney can use it as a record of the injury’s impact on your quality of life.
- Consult with legal professionals. Consult an attorney to represent your interests in the claims process. Our team at Fieger Law has years of experience with slip and fall cases in snowy Michigan. We can guide you through your lawsuit, helping you receive a fair settlement for all accident-related losses.
What Do You Need to Prove to Win Compensation
You must prove specific elements to show liability when pursuing a slip and fall claim. At Fieger Law, we can help you hold a negligent business owner or manager responsible for your injuries by showing the following:
Duty of care
Commercial businesses owe their patrons a duty of care, meaning they must maintain a safe environment. This involves snow and ice removal and other measures to prevent falls and injuries.
We can reference premises liability statutes and internal maintenance documents to show that the commercial property owner had a duty to maintain safe premises.
Breach of duty
If a business neglects its duty of care, it constitutes a breach of duty. For instance, staff did not clear snow and ice, post warning signs, or ensure adequate lighting in hazardous areas.
We can review surveillance videos and incident reports to establish a breach of duty by showing what occurred and what steps the business took or failed to take to ensure the safety of patrons. We can also collect maintenance logs and photographs of the scene to show the lack of upkeep and confirm hazardous conditions.
Establishing causation involves proving that the breach of duty directly caused your fall. This requires linking the condition of location where you fell (and any tracked-in snow and ice) to your injury. Our attorneys at Fieger Law can assess your medical records, accident scene photos, and witness testimonies to help demonstrate this connection.
You must prove that you incurred actual damages due to the fall. These could be physical injuries, lost wages (resulting from being unable to work due to your injury), medical expenses, or pain and suffering.
We’ll gather documentation like medical bills, employment records, and journal entries detailing your recovery process. Our team can use these to help you get the compensation you deserve.
Get a Fair Settlement After a Slip and Fall in Michigan
After a slip and fall, you have the right to file a compensation claim. Our skilled attorneys at Fieger Law know what it takes to prove liability against a negligent property owner and can use our years of experience to win your case.