Slip-And-Fall Cases Tough to Make in Michigan Courts

January 2, 2013
woman slips on snowy road

Slip-and-fall lawsuits once were a staple for injury attorneys. But they’ve become extremely tough in Michigan courts, due to a strict standard set by the state Supreme Court.

The court’s conservative majority raised the bar last summer in a case involving an Upper Peninsula woman who fell outside a health club in Ironwood. The court said Charlotte Hoffner was aware of the ice and wasn’t forced to enter the club. Four justices said property owners can’t be expected to absolutely ensure everyone’s safety.

As a result, courts across Michigan have more reasons to dismiss slip-and-fall lawsuits. Detroit-area lawyer Mark Bernstein says he’s been forced to turn away clients. He says slip-and-fall cases tied to weather represent just 2 percent of his firm’s work, compared to 20 percent in the 1990s.

About Ed White

Associated Press
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Latest Comments

  • January 21, 2014 at 9:05 pm
    leslie says:
    Yes but you chose to bring your dog, hence needing to visit the unsalted area. The establishment pointed out it was unsalted and showed resaonable care in telling you that.
  • January 16, 2014 at 1:26 am
    ted bertrand says:
    When the fall resulted from clear ice at a motel side exit you were instructed only to use the following AM because you had a dog which remain unsalted the liabilty remains wi... read more
  • January 4, 2013 at 3:57 pm
    Brian says:
    If only this kind of common sense could be applied to other concepts. Kudos to the MI Supreme Court.
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