In Lymon v Freedland, No. 323926, 2016 WL 1228516 (Mich Ct App March 29, 2016) the Michigan Court of Appeals affirmed a trial court award of $330,000 for the plaintiff’s injuries and damages stemming from a slip and fall.
Michigan law limits the viability of many slip and fall cases in which the defect that causes an injury is deemed “open and obvious.” For example, the MI Court of Appeals has held that “as a matter of law…by its very nature, a snow covered surface presents an open and obvious danger because of the high probability that it may be slippery.” Ververis v Hartfield Lanes, 271 Mich App 61, 65; 718 NW2d 382 (2006). However, as the Lymon case illustrates, not all slip and fall cases are precluded by the “open and obvious” doctrine.
Liability for a slip and fall injury may arise when special aspects of a condition make even an open and obvious risk unreasonable. Hoffner v Lanctoe, 492 Mich 450, 461; 821 NW2d 88 (2012). Two instances have been found to constitute special aspects. This includes when the danger is unreasonably dangerous or when the danger is effectively unavoidable, which was the case in the Lymon.
The plaintiff in Lymon worked as a home health care aide for a patient who suffered from dementia and Parkinson’s. The patient, who could not be left alone, had a steep driveway that was covered in ice during the winter months as a result of eves from the roof that ran water onto the driveway. Also, due to its location on a hill, the home could only be entered by traversing the ice covered driveway and/or an ice covered area immediately adjacent to the driveway. While attempting to walk up the driveway for her work shift, the plaintiff slipped and fell fracturing both her tibia and fibula in the process. The Court of Appeals found that the plaintiff was an essential home health care aide and due to her patient’s medical condition, she did not have the option of failing to appear for work. Therefore, the hazard was effectively unavoidable and the plaintiff was allowed to recover for her injuries and damages.
As illustrated above, Michigan law limits the viability of slip and fall cases. However, it is important to consider special aspects of a slip and fall injury that may allow recovery of damages.
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PERSONAL INJURY Premises LiabilityAbout the Author
