Snow & Ice Slip and Fall

Michigan Snow & Ice Slip and Fall Claims

Michigan winters are brutal, and snow and ice create some of the most dangerous conditions on commercial and residential properties throughout the state. When property owners, landlords, and businesses fail to clear ice and snow from walkways, parking lots, stairs, and entrances, they put every visitor at risk of a serious fall. At Koussan Law, we have a proven track record of holding negligent property owners accountable for winter slip and fall injuries — including a $6,000,000 settlement in a slip and fall case, one of the largest recorded slip/trip and fall settlements in Michigan history.

Michigan's Open and Obvious Doctrine Changed in 2023

For years, the "open and obvious" doctrine was the single biggest obstacle in Michigan snow and ice cases: the property owner argued the ice was visible, and the case was dismissed before a jury ever heard it. That changed on July 28, 2023. In Kandil-Elsayed v F & E Oil, Inc, 512 Mich 95 (2023), decided together with Pinsky v Kroger Co of Michigan, the Michigan Supreme Court overruled Lugo v Ameritech Corp, 464 Mich 512 (2001) and held that the open and obvious nature of a hazard no longer eliminates the property owner's duty and no longer bars the claim.

For anyone hurt on ice, that is a real improvement. A property owner owes invitees reasonable care whether or not the ice was visible, and how visible it was is now weighed by the jury as part of breach and comparative fault rather than ending the case at summary judgment. Lugo's former "special aspects" and "effectively unavoidable" exceptions are no longer the operative test. We build these cases the way we always have, with surveillance footage, weather data, witness testimony, and expert analysis, but that evidence now goes to a jury instead of being the only narrow door into the courthouse.

Property Owner Obligations Under Michigan Law

Under Michigan premises liability law, property owners owe invitees — customers, tenants, and business visitors — a duty to maintain their property in a reasonably safe condition. The comparative fault framework in MCL § 600.2959 means that even if you bear some responsibility for your fall, you can still recover damages reduced by your percentage of fault. If your fault is greater than 50%, noneconomic damages for pain and suffering are barred, but economic damages such as medical bills and lost wages remain recoverable, reduced in proportion to your fault. For rental properties, MCL § 554.139 imposes a statutory duty on landlords to keep common areas in reasonable repair, which courts have applied to snow and ice accumulation on shared walkways, parking lots, and entrance areas. Commercial property owners who hire snow removal contractors may shift some liability to those contractors, but they cannot fully delegate their duty of care to invitees.

Government Property Winter Falls

Falls on government-owned sidewalks, municipal parking lots, and public building entrances raise governmental immunity issues under MCL § 691.1402 and MCL § 691.1406. The highway exception allows claims against government entities for defective conditions on public sidewalks and roads, but you must provide written notice within 120 days of the incident under MCL § 691.1404. Missing that deadline can bar your claim entirely. The public building exception under MCL § 691.1406 covers falls in or on government-owned buildings and their adjacent walkways. These tight deadlines make it critical to contact an attorney quickly after a winter fall on public property.

Common Snow and Ice Fall Injuries

Falls on ice often produce serious injuries: hip fractures (especially in older adults), wrist and arm fractures from bracing during a fall, traumatic brain injuries from hitting pavement, back and spinal injuries, and knee injuries including torn ligaments. These injuries can require surgery, extensive rehabilitation, and may cause permanent limitations. Michigan's three-year statute of limitations under MCL § 600.5805(2) applies to most slip and fall claims, but the 120-day governmental notice requirement is the real deadline that catches people off guard.

If you've been hurt in a snow or ice fall on someone else's property in Michigan, call Koussan Law at (313) 800-0000 for a free consultation. You can also use our free case calculator to estimate what your winter slip and fall claim may be worth.