Slipped on Ice? Why Michigan Law May Now Be on Your Side This Winter

By Ross M. Gilders, Personal Injury Attorney | MichiganLawsuit.com | December 2025

As winter settles across Michigan, bringing snow, ice, and freezing rain, thousands of residents face an increased risk of serious slip and fall injuries. Ross M. Gilders, founder of MichiganLawsuit.com, has represented countless Michigan residents who have suffered broken bones, head injuries, and other serious harm after falling on icy parking lots, untreated sidewalks, and frozen walkways. If you have been injured in a winter slip and fall accident, there is important news that could significantly affect your ability to recover compensation.

For more than two decades, property owners in Michigan had a powerful defense when someone slipped on ice: if the ice was visible, they could claim the danger was "open and obvious" and avoid liability entirely. That legal landscape changed dramatically on July 28, 2023, when the Michigan Supreme Court overturned this long-standing doctrine. If you fell on ice or snow on someone else's property, you may now have legal options that simply did not exist before this landmark ruling.

The Death of 'Open and Obvious' as a Complete Defense

In the combined cases of Kandil-Elsayed v. F & E Oil, Inc. and Pinsky v. Kroger, the Michigan Supreme Court issued a ruling that dismantled the open and obvious doctrine as it had been applied since 2001. For over 22 years, property owners could escape liability by simply arguing that ice or snow was visible to an average person exercising ordinary care. Cases were routinely dismissed before ever reaching a jury. Understanding premises liability and how it applies to your situation is essential for protecting your rights.

The legal team at MichiganLawsuit.com witnessed firsthand how this doctrine prevented deserving injury victims from obtaining justice. Property owners had little incentive to clear snow and ice promptly because the law protected them from consequences. Ross M. Gilders explains that this created an unfair system where negligent property maintenance was essentially rewarded.

Under the new framework, whether a hazard was open and obvious is no longer analyzed as part of whether the property owner owed you a duty of care. Instead, the open and obvious nature of a condition is now considered as part of the breach analysis and comparative fault determination. This means cases that would have been immediately dismissed just a few years ago can now proceed to trial, where a jury evaluates the conduct of both parties.

Key Takeaway: Even if you saw the ice before you fell, the property owner may still be liable for failing to maintain reasonably safe conditions. Your case is no longer automatically dismissed.

How Fault Is Determined Under Michigan's Comparative Negligence System

Michigan follows a modified comparative negligence system, sometimes called the "51% rule." Under this framework, your damages are reduced by your percentage of fault, but you can still recover compensation as long as you are not more than 50% responsible for your injury. This applies to both economic damages like medical bills and lost wages, as well as non-economic damages such as pain and suffering.

Property Owner Responsibilities in Winter

Property owners, landlords, and businesses have a legal duty to maintain their premises in reasonably safe condition. According to OSHA winter weather guidelines, this includes taking reasonable measures to clear walking surfaces of snow and ice, and spreading deicer as quickly as possible after a winter storm. When a property owner fails to take these reasonable steps, they may be held liable for injuries that result.

The Comparative Fault Analysis

Here is a practical example of how comparative fault works in winter slip and fall cases. Imagine you slip on an icy parking lot at a grocery store and break your wrist. The store failed to salt the lot for three days after a storm. However, you were wearing dress shoes instead of winter boots and were looking at your phone when you fell. A jury might find the store 70% at fault for failing to maintain the property and you 30% at fault for not taking precautions.

In this scenario, if your total damages are $100,000, you would recover $70,000 after the reduction for your share of fault. Before the 2023 ruling, this case likely would have been dismissed entirely because the ice was "open and obvious." The change in law means you now have a meaningful path to compensation.

Key Takeaway: Even if you share some responsibility for your fall, you can still recover damages as long as you are 50% or less at fault. Your recovery is reduced proportionally but not eliminated.

Essential Steps to Take After a Winter Slip and Fall

The actions you take immediately after a slip and fall accident can significantly impact your ability to pursue a successful claim. Ross M. Gilders and the legal team at MichiganLawsuit.com recommend the following steps to protect your rights:

1. Report the Incident Immediately: Notify the property owner, store manager, or landlord as soon as possible. Ask them to create a written incident report and request a copy for your records. This documentation establishes an official record of when and where the fall occurred.

2. Document the Scene with Photographs: Snow and ice melt quickly. Take photographs of the exact conditions at the time of your fall, including the icy surface, lack of salt or sand, any warning signs that were or were not present, and your footwear. Wide shots showing the general area and close-ups of the hazard are both valuable.

3. Collect Witness Information: If anyone saw your fall, get their names and contact information. Witness testimony can corroborate your account of the dangerous conditions and how the accident occurred.

4. Seek Medical Attention Promptly: Some injuries, including concussions, hairline fractures, and soft tissue damage, may not present immediate symptoms due to adrenaline. See a doctor as soon as possible, even if you initially feel fine. Medical records create a crucial link between the fall and your injuries.

5. Preserve Your Clothing and Footwear: Do not wash or discard the clothing and shoes you were wearing. These items may become evidence, demonstrating that you were dressed appropriately for winter conditions.

Key Takeaway: Time-sensitive evidence like ice and snow conditions disappears quickly. Immediate documentation and reporting are critical to building a strong premises liability case.

Common Locations for Winter Slip and Fall Accidents in Michigan

Property owners across Michigan must take reasonable precautions to prevent slip and fall injuries. The legal team at MichiganLawsuit.com handles cases involving property hazards and falls at a wide variety of locations, including:

• Grocery stores and retail shopping centers with untreated parking lots

• Apartment complexes and rental properties with icy sidewalks and stairways

• Restaurant and bar entrances where snow accumulates

• Office buildings and commercial properties

• Medical facilities and hospital parking structures

• Gas stations and convenience stores

Whether your fall occurred in Pontiac, Grand Rapids, Traverse City, or anywhere else in Michigan, the same legal principles apply. For more detailed information about premises liability claims in your area, read our comprehensive guide on Pontiac slip and fall claims and Michigan premises liability.

Frequently Asked Questions About Winter Slip and Fall Claims

1. Can I still sue if I knew the ice was there before I fell?

Yes. The 2023 Michigan Supreme Court ruling changed how "open and obvious" hazards are treated. Knowing about the ice does not automatically bar your claim. Instead, your awareness becomes one factor in determining comparative fault. If the property owner failed to take reasonable steps to make the area safe, they can still be held liable even if you saw the ice. A jury will evaluate whether the property owner's negligence contributed to your injury, regardless of the hazard's visibility.

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

In Michigan, you generally have three years from the date of your injury to file a personal injury lawsuit. However, waiting too long can harm your case because evidence deteriorates, witnesses forget details, and documentation becomes harder to obtain. Contacting an attorney promptly ensures that critical evidence is preserved and your claim is properly evaluated.

3. What if I was partially at fault for my slip and fall?

Under Michigan's modified comparative negligence system, you can recover damages as long as you are 50% or less at fault. Your compensation is reduced by your percentage of responsibility. For example, if you are found 25% at fault and your damages total $80,000, you would receive $60,000. Only if you are more than 50% at fault are you barred from recovering non-economic damages.

4. What compensation can I recover from a winter slip and fall injury?

Depending on the severity of your injury, you may be entitled to recover economic damages including medical expenses, future medical treatment, lost wages, and reduced earning capacity. Non-economic damages may include compensation for pain and suffering, emotional distress, and diminished quality of life. In cases involving particularly egregious conduct, additional damages may be available.

5. Does the property owner have to clear ice immediately after a storm?

Property owners must take reasonable measures to address winter hazards within a reasonable time after a storm. What constitutes "reasonable" depends on factors such as the severity of the weather, the type of property, and the resources available. A large commercial property may be expected to address ice more quickly than a small residential landlord. Failing to take any action for an extended period after a storm strongly suggests negligence.

6. Should I accept the insurance company's first settlement offer?

Initial settlement offers from insurance companies are typically far below the true value of your claim. Before accepting any offer, consult with an experienced personal injury attorney who can evaluate whether the offer fairly compensates you for all of your damages, including future medical needs and long-term effects of your injury. Once you accept a settlement, you cannot pursue additional compensation later.

7. How has the 2023 Michigan Supreme Court ruling changed slip and fall cases?

Before July 2023, if a hazard like ice was visible, property owners could have your case dismissed before it reached a jury by arguing the danger was "open and obvious." The Supreme Court's ruling in Kandil-Elsayed and Pinsky changed this by moving the open and obvious analysis from the duty element to the breach and comparative fault analysis. Now, cases proceed to trial where juries can evaluate the conduct of both parties, giving injured victims a much better chance at recovering compensation.

Take Action to Protect Your Rights This Winter

Do not assume your fall was "just an accident" or that you have no legal options because you saw the ice. The law has changed significantly in favor of injury victims. Ross M. Gilders and the legal team at MichiganLawsuit.com have the experience and dedication to evaluate your case and fight for the compensation you deserve.

If you or a loved one has been injured in a winter slip and fall accident anywhere in Michigan, contact MichiganLawsuit.com today for a free, no-obligation consultation. You can reach our office at 855-529-6424 to schedule your consultation. Follow Ross M. Gilders on LinkedIn for legal updates and insights on personal injury law in Michigan.

Remember, you pay nothing unless we win your case. The insurance companies have lawyers protecting their interests. Make sure you have an experienced advocate protecting yours.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Every case is unique, and results depend on the specific facts and circumstances. Past results do not guarantee future outcomes. If you have been injured, please contact a licensed attorney to discuss your specific situation.