Vicki Ackerman v. Wal-Mart Stores, Inc.

Flint, Michigan personal injury lawyer represented the Plaintiff who sued the Defendant on a premises liability slip and fall negligence theory.



This case was filed in the Wayne County Circuit Court, 22-004197-NI and was removed to federal court by Wal_mart.



Navigating Michigan's premises liability law can be complex, but understanding its key aspects can empower you to understand your rights and potential legal options. Here's a breakdown:



Duty of Care: Property owners in Michigan have a legal duty to maintain their premises in a reasonably safe condition for anyone lawfully on the property. This duty varies depending on the visitor's classification:



Invitees: (Customers, business guests, etc.) are owed the highest duty of care. Owners must actively inspect for hazards and take reasonable steps to fix them.

Licensees: (Social guests, etc.) are owed a lower duty of care. Owners must warn of known dangers and avoid creating new ones through reckless acts.

Trespassers: Generally, owners owe no duty to trespassers unless:

They're aware of the trespasser's presence and fail to warn of hidden dangers.

They intentionally or recklessly injure them.

Their property has an "attractive nuisance" like a swimming pool that lures children.



Breach of Duty: To succeed in a premises liability claim, you must prove the owner or occupier:



Failed to maintain the property in a safe condition (broken stairs, slippery floors, etc.).

Failed to warn of known dangers (unmarked construction zones, hidden potholes, etc.).

Created a new hazard through their actions (leaving tools unattended, spilling liquids, etc.).



Proximate Cause: The breach of duty must be the direct cause of your injury. In simpler terms, your injury wouldn't have happened but for the owner's negligence.



Damages: If you can prove both breach of duty and proximate cause, you may be entitled to compensation for your losses, including:



Medical expenses

Lost wages

Pain and suffering

Emotional distress

Loss of enjoyment of life

Property damage



Unique aspects of Michigan law:



Open and obvious dangers: Property owners generally have no duty to warn of "open and obvious" dangers. However, this rule can be complex and applied based on specific circumstances.

Comparative fault: Under Michigan's modified comparative negligence system, your recoverable damages may be reduced if you were partially at fault, but not if you're more than 50% at fault.

Statute of limitations: You generally have three years from the date of your injury to file a premises liability lawsuit in Michigan.



Google Bard

01/08/2024 24 ORDER Granting 14 Defendant's Motion for Summary Judgment. Signed by District Judge F. Kay Behm. (KMac) (Entered: 01/08/2024)

01/08/2024 25 JUDGMENT. Signed by District Judge F. Kay Behm. (KMac) (Entered: 01/08/2024)