Sidewalk Trip and Fall

Record-Setting Results in Slip and Fall Cases

Koussan Law secured a $6,000,000 settlement in a slip and fall case — one of the largest recorded slip/trip and fall settlements in Michigan history. That result was no accident. It was the product of meticulous investigation, aggressive negotiation, and a refusal to accept anything less than what our client deserved. We bring that same approach to every winter slip and fall case we handle across Metro Detroit and throughout Michigan.

Free consultation. No fees unless we win. Call (313) 800-0000 or try our free case calculator.

Aggressive Representation for Snow & Ice Slip and Fall Victims

If you or a loved one has suffered due to someone else's negligence, Koussan Law is here to fight for the compensation you deserve. Free consultation. No fees unless we win. Call (313) 800-0000 today.

Can I sue for a slip and fall on ice in Michigan?

Yes, and it is easier than it used to be. Property owners still argue that snow and ice are natural hazards that are open and obvious in Michigan winters, but since Kandil-Elsayed v F & E Oil, Inc, 512 Mich 95 (2023), decided together with Pinsky v Kroger Co of Michigan, that argument no longer eliminates the owner's duty and no longer bars the claim. The owner owes invitees reasonable care regardless, and how visible the ice was is now weighed by the jury on breach and comparative fault. Lugo's former 'special aspects' and 'effectively unavoidable' exceptions are no longer the operative test.

What is the property owner's duty to remove snow and ice in Michigan?

Under MCL 554.139, landlords must maintain rental premises in reasonable repair, which includes addressing ice and snow accumulation on walkways. Commercial property owners owe invitees a duty to remove or treat hazardous ice accumulation within a reasonable time. Michigan law does not require immediate removal during active storms, but unreasonable delay after the storm creates liability.

How does the open and obvious doctrine affect ice slip and fall cases?

Far less than it did before July 28, 2023. Kandil-Elsayed v F & E Oil, Inc, 512 Mich 95 (2023) overruled Lugo v Ameritech Corp and ended the open and obvious doctrine's role as a complete bar to recovery. Defendants still argue that snow and ice are natural, expected conditions, but that argument now goes to breach and comparative fault for the jury rather than to duty. We develop the same proof we always have: black ice that was not visible, ice in the only available path, ice compounded by poor drainage creating recurring hazards, and unnatural ice accumulation from building design defects like roof drainage directed onto walkways.

What is the statute of limitations for ice slip and fall claims?

Under MCL 600.5805(2), you have three years from the fall. For government property, the 120-day notice (MCL 691.1404) and 30-day defect existence requirements apply. Photograph the icy condition immediately — snow and ice melt, and the evidence disappears. Report the fall to the property owner in writing and seek medical attention.

How does Koussan Law win snow and ice slip and fall cases?

Michigan ice cases are more winnable now than they were before 2023, but they still take work. Koussan Law investigates the property's drainage design, maintenance practices, prior complaints, and weather conditions to show the owner failed to act reasonably. Attorney Ali Koussan knows how to blunt the open and obvious argument and put the case in front of a jury. Call (313) 800-0000.