A Slip and a Trip
Slip and fall accidents are some of the most common personal injury claims in Michigan. But until recently, many of these cases never made it past the courthouse doors because of strict legal rules. Thanks to a recent Michigan Supreme Court decision, injured people now have a stronger opportunity to pursue claims and hold property owners accountable.
If you’ve been hurt in a slip and fall in Oakland County, Wayne County, Macomb County, or anywhere in Michigan, here’s what you need to know.
A Major Change in Michigan Slip and Fall Law
On July 28, 2023, the Michigan Supreme Court issued two landmark opinions: Kandil-Elsayed v. F & E Oil, Inc. and Pinsky v. Kroger Co. of Michigan. These cases overturned the decades-old “open and obvious” doctrine, which had been used to dismiss countless slip and fall lawsuits.
Under the old rule, if a hazard was easy to see—like a patch of ice or a pothole—property owners owed no duty to warn or protect visitors. The new rulings make it clear:
Property owners still have a duty of reasonable care to maintain safe premises.
The visibility of a hazard is now considered under comparative fault, not as a complete defense.
Juries—not judges—will decide whether an injured person should share responsibility for failing to avoid a danger.
This means injured people in Michigan now have a fairer chance to recover compensation.
When You Might Have a Claim
Slip and fall accidents can happen anywhere—stores, restaurants, apartment complexes, or even private homes. Property owners in Michigan must take reasonable steps to keep their premises safe, which includes:
Clearing snow and ice from walkways
Cleaning up spills in a timely manner
Fixing broken steps, flooring, or railings
Ensuring adequate lighting in stairwells, lots, and entryways
If you were injured because a property owner failed to take these precautions, you may have a claim for damages such as medical bills, lost wages, and pain and suffering.
Common Defenses in Slip and Fall Cases
Even with the new law, property owners and insurance companies may still raise defenses, including:
Comparative Negligence: Claiming you weren’t paying attention or were partially at fault.
Lack of Notice: Arguing the owner didn’t know about the hazard and couldn’t reasonably have fixed it in time.
Trespassing: Asserting that you didn’t have lawful permission to be on the property.
These defenses can reduce or complicate your recovery, but they no longer serve as automatic barriers the way the old “open and obvious” rule once did.
Why Legal Help Matters
The change in Michigan law creates new opportunities for slip and fall victims, but it also adds complexity. Insurance companies in Oakland County, Wayne County, and Macomb County are already adjusting their strategies to fight these claims. An experienced Michigan slip and fall lawyer can investigate your case, gather the evidence needed to prove fault, and fight back against defenses designed to minimize your recovery.
Final Thoughts
Slip and fall law in Michigan has changed for the better. Thanks to the Michigan Supreme Court’s rulings in Kandil-Elsayed and Pinsky, the door is now open for more victims to pursue justice.
If you’ve been hurt in a slip and fall in Lake Orion, Auburn Hills, Bloomfield Hills, or anywhere else in Michigan, don’t let outdated assumptions about the law stop you from exploring your rights.
At Shkreli Legal, we help clients across Michigan understand their options and fight for the compensation they deserve. Contact us today for a no-obligation consultation.
