Slip and Fall Lawsuit Guide | Million Dollar Lawyer

A woman sits on a grocery store floor holding her wrist as another woman crouches beside her, near a yellow wet-floor sign and spilled apples

In short

A fall by itself isn't enough for a claim. You generally must show a dangerous condition, that the owner knew or should have known about it, that it wasn't fixed or warned about in time, and that it caused your injury.
In Michigan, an open and obvious hazard no longer means the owner owed you no duty. Since Kandil-Elsayed v F & E Oil (July 28, 2023), it bears on breach and your share of fault, and the Supreme Court applied that principle again in Bowerman v Red Oak Management Co (July 20, 2026).
Most Michigan fall lawsuits must be filed within three years (MCL 600.5805(2)), but a fall caused by a defective public sidewalk, road or building needs written notice to the government agency within 120 days (MCL 691.1404, 691.1406).
Being partly at fault usually reduces a Michigan recovery rather than ending it. If you're more than 50% at fault, you lose pain-and-suffering damages but still recover reduced economic damages (MCL 600.2959).
Save evidence today: ask the business in writing to keep its video, photograph the hazard, get the incident report and witness names, and keep your shoes.

You slipped on a wet floor in a store, tripped on a broken step at your apartment, or went down on an icy sidewalk. Now you’re hurt, the bills are starting, and you’re wondering whether anyone else is responsible.

Sometimes someone is. You may have a slip-and-fall claim if whoever controlled the property knew about the hazard, or should have found it, and didn’t fix it or warn you in time, and it caused your injury. A fall by itself isn’t enough. Michigan’s rules are in the highlighted boxes.

Hurt and not sure where you stand? Get a free case review. Four quick questions, no cost, no obligation.

Unintentional falls killed 48,308 people in the U.S. in 2024, more than motor vehicle traffic crashes (41,241), according to CDC data. For adults 65 and older, falls are the leading cause of injury.

Do you have a slip-and-fall case?

Injuries caused by unsafe property are premises liability claims. They’re a kind of negligence claim, which generally requires a duty, a breach of that duty, causation and harm. In a fall case, that usually means showing five things:

A dangerous condition. Something on the property posed an unreasonable risk of harm, such as a spill, loose grapes on a checkout floor, a torn mat, a broken stair, a hole in a parking lot, poor lighting or untreated ice. See common causes of slip-and-fall accidents.
Notice. The owner created the hazard, knew about it, or should have found it by taking reasonable care.
A failure to act reasonably. The owner didn’t fix the hazard, block it off or warn you within a reasonable time.
Causation. That hazard, and not something else, caused your fall and your injuries. Expect the owner’s insurer to blame your shoes, your phone or an old injury. Prompt medical care, with each provider told exactly how you fell, puts the link in your records.
Harm. You were actually hurt, with losses such as medical bills, lost pay, pain or a lasting limitation.

Did the owner know, or should they have known?

Notice is where many fall claims are won or lost. There are three common ways to show it:

Actual notice: the owner or an employee knew, for example from a complaint or a work order.
Constructive notice: the hazard had been there long enough, or was noticeable enough, that a reasonably careful owner would have found it.
The owner created it: an employee mopped without a warning sign or ran a cord across a walkway.

Proof of how long a hazard was there carries a lot of weight: dried or dirty edges on a spill, cart tracks through it, or records of the last floor check.

Who can be held responsible for a fall?

Responsibility usually follows control of the property, which isn’t always the same as ownership, and whoever created a hazard may share it. Depending on where you fell, the people responsible might include the business that runs the store (even if it leases the building), the property owner or manager, a landlord for shared areas like stairways and parking lots, a contractor that created the hazard, or a government agency, which has special rules (below).

Does it matter why you were on the property?

In states that keep the traditional rules, including Michigan, it does. Here’s how the traditional categories work, using the Michigan Supreme Court’s descriptions (Stitt v Holland Abundant Life Fellowship, 2000; Kandil-Elsayed v F & E Oil, Inc, 2023):

Why you were there	Label	What the owner owes you
For a business purpose, such as shopping or eating at a restaurant	Invitee	Reasonable care to protect you from an unreasonable risk of harm, which includes inspecting the property and making repairs or warning of hazards it finds
As a social guest, or otherwise with the owner’s permission	Licensee	A warning about hidden dangers the owner knows or has reason to know of, if you don’t know or have reason to know of them; no duty to inspect or make the place safe
Without permission	Trespasser	Generally no duty of care. In Michigan, since 2014, an owner can still be liable for willful and wanton misconduct, for active negligence toward a trespasser it knew or should have known was there, for dangerous activities where trespassers constantly intrude on a limited area, and to a trespassing child hurt by a dangerous artificial condition (MCL 554.583)

Some states have dropped these labels and instead ask whether the owner acted reasonably under the circumstances, including California (Rowland v. Christian, 1968) and New York (Basso v. Miller, 1976).

Children can get extra protection under the attractive nuisance doctrine; Michigan wrote its version into the Trespass Liability Act (MCL 554.583(2)(d)). In the Restatement (Second) of Torts version (§ 339), an owner can be liable to a trespassing child hurt by a dangerous artificial condition when, among other things, the owner knew or had reason to know children were likely to trespass there and the children wouldn’t recognize the risk. See how attractive nuisance claims protect children.

In Michigan: All three categories still apply. The Supreme Court kept them in 2023, reserving "for a later time" whether to replace them (Kandil-Elsayed). Social guests are typically licensees, and so are people who visit a church for noncommercial purposes, such as a bible study (Stitt). Condo owners are invitees of their association in the common areas it maintains (Janini). This may change: in May 2026, the Court agreed to hear the case of a church volunteer who slipped on ice in the church parking lot and was ruled a licensee. It asked the parties to address whether Michigan should recognize a "public-invitee" category or replace the invitee and licensee categories with a single reasonable-care standard (Molitoris v Saint Mary Magdalen Catholic Church, No. 166699). As of September 2026, it hadn't been decided.

What if the hazard was open and obvious?

An “open and obvious” hazard is one an ordinary person would notice with a casual look. Owners often argue that you should have seen it, and the law treats that argument in different ways:

A complete defense in some states. Ohio’s Supreme Court held in 2003 that “where a danger is open and obvious, a landowner owes no duty of care to individuals lawfully on the premises” (Armstrong v. Best Buy Co.).
A middle ground. Under the Restatement (Second) of Torts, an owner isn’t liable for a known or obvious danger “unless the possessor should anticipate the harm despite such knowledge or obviousness” (§ 343A(1)).
One factor among many. The newer Restatement (Third) of Torts treats obviousness as bearing on “whether reasonable care was employed,” not as the end of the case (§ 51, comment k).

In Michigan: The rule changed on July 28, 2023. For more than 20 years, an obvious hazard could end a case before trial, because courts treated the owner as owing no duty (Lugo v Ameritech Corp, 2001). In Kandil-Elsayed v F & E Oil, Inc, decided together with Pinsky v Kroger Co of Michigan, the Supreme Court overruled that approach and held that "the open and obvious nature of a condition is relevant to breach and the parties' comparative fault." A jury can now weigh whether the owner should have anticipated harm despite the obviousness and, if the owner was at fault, reduce your damages for your choice to confront the hazard. In Pinsky, a shopper tripped over a thin cable used to block off a checkout lane; "a thin white cable strung at ankle height would be much less visible" than one at waist height, the Court noted. It sent both cases back without deciding that either business was at fault. In July 2026, the Court applied the same principle in Bowerman: the tenant's own acts were "relevant to her degree of comparative fault" but didn't establish, as a matter of law, that the contractor had met its duty not to unreasonably endanger others. For the full story, see Michigan premises liability after Kandil-Elsayed.

Who is responsible for snow and ice?

Snow and ice rules vary a lot by state. Under an “ongoing storm” rule, a business generally doesn’t have to remove snow and ice until the storm ends. New Jersey’s Supreme Court adopted that rule in 2021 and counted ten other states with it, including Connecticut, Delaware, New York and Pennsylvania. Even there, an owner can be liable during a storm if it made the danger worse or left ice from an earlier storm (Pareja v. Princeton International Properties). Michigan instead asks whether the owner acted reasonably.

Person in a red winter coat falling backward on a snowy path

What if you fell at your apartment or rental home?

Tell the landlord or property manager about the fall in writing, and keep a copy. Who is responsible depends on your state’s law, your lease and who controls the spot where you fell. Shared spaces, such as stairways, hallways and parking lots, are usually under the landlord’s control.

In Michigan: Every residential lease includes, by law, the landlord's promise "that the premises and all common areas are fit for the use intended by the parties," plus promises to keep the premises "in reasonable repair" and to follow health and safety laws (MCL 554.139(1)). The statute is "liberally construed," and inspecting the place before you sign doesn't waive it (MCL 554.139(3)). The repair promise doesn't reach common areas, but the fitness promise does, including for snow and ice (Allison v AEW Capital Management, LLP, 2008; Bowerman). Still, in Allison, one to two inches of snow over ice didn't make an apartment parking lot unfit, because tenants could still drive in and out, park and reach their cars. In July 2026, the Supreme Court clarified that "mere inconvenience" isn't the test: the question is fitness for the intended use "under the circumstances of the specific case," including who the building is for. An unmarked trench by the trash area of an underlit lot, at a building for elderly and disabled tenants, was enough to let that claim go forward (Bowerman). Tenants are also invitees in common areas, so an ordinary premises claim may be available too (Janini). A lease of a year or more can modify these promises (MCL 554.139(2)).

What if you fell on public property?

Falls on government property come with extra rules. Governments are often immune from injury claims, the exceptions are narrow, and notice deadlines are short. California, for example, requires a claim against a public entity for an injury within six months (Cal. Gov. Code § 911.2(a)). For a fall on federal property, including a post office, you must file a written claim with the agency within two years, and you can sue only after it denies the claim in writing or doesn’t decide it within six months. Once a denial is mailed, you have six months to sue (28 U.S.C. §§ 2401(b), 2675(a); 39 U.S.C. § 409(c)).

In Michigan: Government agencies are immune from most injury claims tied to their government functions (MCL 691.1407(1)), with exceptions that cover many falls:

Sidewalks next to a road. The city, village or township must keep them in reasonable repair. It's presumed to have done so unless an abrupt change in height of 2 inches or more, or another dangerous condition in the sidewalk itself, caused the injury, and you must show it knew or should have known of the defect at least 30 days before you fell. The city may also argue that the condition was open and obvious (MCL 691.1402a).
Roads. Only the part designed for vehicle travel is covered, not crosswalks or trailways (MCL 691.1402(1)), and the agency must have known or should have known of the defect in time to repair it (MCL 691.1403).
Public buildings. The agency must have known or should have known of the dangerous condition and failed to fix it or protect the public within a reasonable time (MCL 691.1406).

For any of these, serve written notice within 120 days, giving the exact location and nature of the defect, the injury and the names of known witnesses. Serve it in person or by certified mail with a return receipt on someone who can legally accept court papers for the agency (MCL 691.1404(1), (2); 691.1406). If the State is responsible, file it in triplicate with the clerk of the Court of Claims instead (MCL 691.1404(2); 691.1406). A child under 18 has 180 days for a road or sidewalk (MCL 691.1404(3)). Courts enforce the 120 days strictly: a woman who said she tripped on broken pavement while crossing a street served her notice on day 140, and her claim was thrown out (Rowland v Washtenaw County Road Commission, 2007). Other injury claims against the State itself need a sworn written claim or notice filed with the Court of Claims within six months (MCL 600.6431(2), (4)). A highway-defect lawsuit is due within two years (MCL 691.1411(2)); plan on two years for sidewalk claims too.

Not sure which of these rules fits your fall? Get a free case review. Four quick questions, no cost, no obligation.

What evidence should you save right away?

Fall evidence disappears fast. Save these now:

Video. Many businesses have cameras, and many systems record over old footage automatically. Ask the business in writing, right away, to keep the recording. A lawyer can send a formal request, often called a preservation letter.
Photos. Photograph the hazard before it changes, from several angles, plus the lighting, any warning signs (or the lack of them), the weather and your shoes.
The incident report. Report the fall to a manager or landlord before you leave if you can, and ask for a copy. If they won’t give you one, write down the report number and who took it.
Witnesses. Get names and phone numbers from anyone who saw the fall or the hazard, including employees who said something like “we’ve been meaning to fix that.”
Your shoes. Keep them, uncleaned, in a bag. If the owner blames your footwear, the shoes can answer that.
Medical records. Get checked promptly, even if you feel all right, and keep your bills. A short daily note of your pain and what you can’t do shows how the injury affects your life.

Stick to the facts when you describe the fall. Don’t guess or apologize, and get advice before you give a recorded statement to the owner’s insurer or post about the fall online. For a printable list, see what to do after a slip and fall, step by step.

What if you were partly at fault?

Most states reduce your compensation by your share of the blame rather than barring your claim, though the majority of them cut off recovery once your share reaches 50% or 51%. A few, such as Maryland, still follow contributory negligence, an older rule under which any fault of your own can bar recovery (Coleman v. Soccer Ass’n of Columbia, 2013). In a fall case, the arguments focus on where you were looking, what you were carrying, your footwear and whether there was a safer route.

How long do you have to file a claim?

Every state sets a deadline for filing an injury lawsuit, called a statute of limitations, and government claims often have much shorter notice deadlines. Talk to a lawyer well before any deadline, because a case needs time to investigate.

What can a slip-and-fall claim cover?

If the owner is responsible, a claim can seek money for:

Economic damages: losses you can add up, like medical bills, future treatment, lost pay and lost earning ability.
Noneconomic damages: harm that doesn’t come with a receipt, like pain, suffering and losing activities you enjoyed.

Part of a settlement may go to repaying others: if Medicare paid for your treatment, it can seek repayment when a liability insurer pays your claim (42 CFR 411.24(b)). Ask early which bills and liens will come out of any recovery.

What is a slip-and-fall case worth?

An “average” settlement figure without a named dataset and year can’t tell you what your claim is worth. Value depends on:

how badly you were hurt, and how long treatment and recovery take
how clearly the evidence shows the owner knew or should have known about the hazard
any share of fault assigned to you
the insurance available to pay the claim
your state’s rules, including its deadlines and notice requirements

For more, see what drives the value of a slip-and-fall settlement.

How does a slip-and-fall lawsuit work?

It helps to know the path, even if you never see a courtroom. For how the proof fits together, see what it takes to win a slip-and-fall case.

The claim. You or your lawyer notify the owner’s liability insurer, which investigates. If the adjuster asks for a recorded statement, get advice first.
The demand. Once your losses can be measured, your lawyer sends your records and bills and asks for a settlement.
The lawsuit. If talks stall, your lawyer files suit before the deadline. Negotiations can continue after filing.
Discovery. Both sides exchange documents, such as video and inspection records. You’ll likely give a deposition, answering questions under oath about the fall and your injuries.
Settlement efforts and trial. Courts often send cases to mediation or another settlement process. If the case doesn’t settle, it goes to trial.

What to do next

Get medical care, and keep going. Tell every provider how you fell, follow the treatment plan and keep your records.
Save the evidence today. Ask in writing for the video, photograph the hazard, get the incident report and witness names, and bag your shoes.
Find your deadlines. If a public sidewalk, road or building was involved, the notice deadline may come first; in Michigan, it’s 120 days. For every Michigan rule in one place, see the Michigan personal injury law reference.
Be careful what you say and sign. Don’t give a recorded statement or sign a release before you know how badly you’re hurt; a signed release generally ends the claim.
Get a free case review. A lawyer can tell you whether the evidence shows notice and what your claim may be worth. Get a free case review, or, if you were hurt in Michigan, compare Michigan injury lawyers.

What waiting can cost

Evidence. Video gets recorded over, spills get cleaned up, ice melts and broken steps get fixed.
A claim against the government. In Michigan, notice of a road, sidewalk or public-building defect is due within 120 days, and a notice served on day 140 ended the claim in Rowland v Washtenaw County Road Commission.
The right to sue. Most Michigan fall lawsuits must be filed within three years of the injury (MCL 600.5805(2)).
Witnesses. People move, change jobs and forget what they saw.

What a good outcome looks like

Your medical bills and lost pay are covered by whoever was responsible, not left to you. The evidence shows what the owner knew and when, so the case turns on facts rather than an adjuster’s guess. Any share of fault assigned to you matches what actually happened. Every notice goes out on time, and before you sign anything, you know what you’ll take home. From wondering whether anyone else is to blame for your fall to knowing who can be held responsible, what evidence to save and how long you have.

For other injuries on someone else’s property, browse the slip, fall and unsafe property guides.

Frequently asked questions

Can I sue a store if I slipped and fell?

You can if the store was careless: it created the hazard, knew about it or should have found it, and didn't fix it or warn you in time, and the hazard caused your injury. A fall by itself isn't enough. In Michigan, you must show the store had actual or constructive notice of the hazard (Lowrey v LMPS & LMPJ, Inc, 2016).

How long do I have to file a slip-and-fall lawsuit in Michigan?

Usually three years from the injury (MCL 600.5805(2)). If a defective public sidewalk, road or public building caused the fall, you must serve written notice on the government agency within 120 days (MCL 691.1404, 691.1406), and a highway-defect lawsuit must be filed within two years (MCL 691.1411(2)).

Can I recover in Michigan if the hazard was open and obvious?

Possibly. Since Kandil-Elsayed v F & E Oil (July 28, 2023), an open and obvious hazard is weighed in deciding whether the owner acted reasonably and how much of the fault is yours. It no longer means the owner owed you no duty. The Michigan Supreme Court applied the same principle in Bowerman v Red Oak Management Co (July 20, 2026).

Is my landlord responsible if I fell on ice at my Michigan apartment?

It can be. Every Michigan residential lease includes the landlord's promise that the premises and all common areas are 'fit for the use intended by the parties' (MCL 554.139(1)(a)), and that promise applies to snow and ice in common areas (Allison v AEW Capital Management, LLP, 2008). Whether an area was unfit depends on the circumstances, including who the building is for (Bowerman v Red Oak Management Co, 2026). Tenants are also invitees in common areas, so an ordinary premises claim may be available (Janini v London Townhouses Condominium Ass'n, 2024).

What if I was partly at fault for my fall?

In Michigan, your damages are reduced by your share of fault. If your fault is greater than everyone else's combined, you still recover economic damages, reduced by your share, but no noneconomic damages such as pain and suffering (MCL 600.2959). Most states also reduce damages rather than barring the claim, but a few, such as Maryland, still bar recovery for any fault of your own.

Can I sue the city for a fall on a broken sidewalk in Michigan?

Sometimes. A city, village or township must keep sidewalks next to public roads in reasonable repair, but it's presumed to have done so unless an abrupt change in height of 2 inches or more, or another dangerous condition in the sidewalk itself, caused the fall. You must also show it knew or should have known of the defect at least 30 days before you fell (MCL 691.1402a). Serve written notice within 120 days (MCL 691.1404).

Sources

MCL 554.583, Trespass Liability Act, liability to trespassers · Michigan Legislature
MCL 600.5805, Injuries to persons or property; period of limitations · Michigan Legislature
MCL 600.5851, Disabilities of infancy or insanity · Michigan Legislature
MCL 600.2959, Comparative fault; reduced damages · Michigan Legislature
MCL 600.2955a, Impairment by alcohol or a controlled substance as an absolute defense · Michigan Legislature
MCL 554.139, Covenants in residential leases; fitness and repair · Michigan Legislature
MCL 691.1401, Governmental tort liability act definitions (highway includes sidewalk) · Michigan Legislature
MCL 691.1402, Highway exception to governmental immunity · Michigan Legislature
MCL 691.1402a, Municipal sidewalks · Michigan Legislature
MCL 691.1403, Defective highways; knowledge of defect · Michigan Legislature
MCL 691.1404, Notice of injury and defect in a highway · Michigan Legislature
MCL 691.1406, Public buildings; dangerous condition; notice · Michigan Legislature
MCL 691.1407, Governmental immunity from tort liability · Michigan Legislature
MCL 691.1411, Claims against government agencies; limitation of actions · Michigan Legislature
MCL 600.6431, Court of Claims; notice of intention to file a claim · Michigan Legislature
MCL 418.131, Workers' compensation as the exclusive remedy · Michigan Legislature
MCL 418.827, Third-party liability · Michigan Legislature
MCL 500.3105, PIP benefits for injury arising out of the use of a motor vehicle · Michigan Legislature
MCL 500.3106, Injuries involving parked vehicles · Michigan Legislature
MCL 500.3145, Limitations on actions for PIP benefits; notice of injury · Michigan Legislature
Kandil-Elsayed v F & E Oil, Inc; Pinsky v Kroger Co of Mich, 512 Mich 95 (decided July 28, 2023), quoting Restatement (Second) of Torts §§ 343 and 343A and Restatement (Third) of Torts § 51, comment k · Michigan Supreme Court
Lugo v Ameritech Corp, Inc, 464 Mich 512 (2001) · Michigan Supreme Court, via CourtListener
Quinlivan v Great Atlantic & Pacific Tea Co, Inc, 395 Mich 244 (1975) · Michigan Supreme Court, via CourtListener
Bowerman v Red Oak Management Co, Inc (Docket No. 167718, decided July 20, 2026) · Michigan Supreme Court
Janini v London Townhouses Condominium Ass'n (Docket No. 164158, decided July 11, 2024) · Michigan Supreme Court
Lowrey v LMPS & LMPJ, Inc (Docket No. 153025, decided December 13, 2016) · Michigan Supreme Court
Clark v Kmart Corp (Docket No. 117511, decided October 23, 2001) · Michigan Supreme Court
Stitt v Holland Abundant Life Fellowship, 462 Mich 591 (2000) · Michigan Supreme Court, via CourtListener
Allison v AEW Capital Management, LLP, 481 Mich 419 (2008) · Michigan Supreme Court, via CourtListener
Rowland v Washtenaw County Road Commission, 477 Mich 197 (2007) · Michigan Supreme Court
Molitoris v Saint Mary Magdalen Catholic Church, order granting leave to appeal (Docket No. 166699, May 22, 2026) · Michigan Supreme Court
Molitoris v Saint Mary Magdalen Catholic Church, unpublished opinion (Court of Appeals Docket No. 364820, January 4, 2024) · Michigan Court of Appeals
Michigan Court Rules: MCR 2.403, 2.410 and 2.411 (updated July 31, 2026) · Michigan Supreme Court
Michigan Rules of Professional Conduct 1.2 and 1.4 (updated with orders effective January 1, 2026) · Michigan Supreme Court
Rowland v. Christian, 69 Cal. 2d 108 (1968) · Supreme Court of California, via CourtListener
Basso v. Miller, 40 N.Y.2d 233 (1976) · New York Court of Appeals, via CourtListener
Armstrong v. Best Buy Co., 99 Ohio St.3d 79, 2003-Ohio-2573 · Supreme Court of Ohio
Pareja v. Princeton International Properties (N.J. June 10, 2021) · Supreme Court of New Jersey, via CourtListener
Coleman v. Soccer Association of Columbia (Md. Court of Appeals, July 9, 2013) · Maryland Judiciary
California Government Code § 911.2, Time to present claims against public entities · California Legislative Information
28 U.S.C. § 2401, Time for commencing action against United States · Office of the Law Revision Counsel, U.S. House of Representatives
28 U.S.C. § 2675, Disposition by federal agency as prerequisite · Office of the Law Revision Counsel, U.S. House of Representatives
39 U.S.C. § 409, Suits by and against the Postal Service · Office of the Law Revision Counsel, U.S. House of Representatives
42 CFR 411.24, Recovery of Medicare conditional payments · Electronic Code of Federal Regulations
FastStats: Accidents or Unintentional Injuries (2024 mortality data) · Centers for Disease Control and Prevention, National Center for Health Statistics
NCHS Data Brief No. 532, Unintentional Fall Deaths in Adults Age 65 and Older: United States, 2023 (June 2025) · Centers for Disease Control and Prevention, National Center for Health Statistics
Comparative negligence (Wex) · Legal Information Institute, Cornell Law School
Attractive nuisance doctrine (Wex), summarizing Restatement (Second) of Torts § 339 · Legal Information Institute, Cornell Law School

Updated September 25, 2026

This guide is general information, not legal advice, and laws change. For advice about your situation, talk to a lawyer licensed in your state. Reading this page or contacting us does not create an attorney-client relationship.

Complete Slip and Fall Lawsuit Guide