Ajrouch Law holds negligent property owners accountable and overcomes the open-and-obvious defense.
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People tend to blame themselves after a fall. They assume they were clumsy, or simply unlucky. But many falls are not accidents at all — they are the direct result of a property owner ignoring a hazard they had a duty to fix. A grocery store that leaves a spill unmarked, a landlord who never repairs a broken stair, a business that fails to salt an icy entrance: when carelessness like this causes a serious injury, the law holds the property owner responsible.
Premises liability is the area of law that governs these cases, and in Michigan it is more nuanced than most people realize. Property owners and their insurers fight these claims hard, often leaning on a defense unique to this area of law — the argument that the hazard was “open and obvious” and therefore the owner had no duty to protect you from it. Michigan courts have significantly reshaped how that defense works in recent years, and how a claim is framed and proven now makes the difference between a case that succeeds and one that is dismissed.
The Law Offices of Ali A. Ajrouch, PLLC investigates these cases thoroughly — establishing what the owner knew, how long the hazard existed, and why it was unreasonable — and builds claims designed to withstand the defenses we know are coming. If you were hurt on someone else’s property, a free consultation will tell you whether negligence was involved and what your claim may be worth.
Premises liability covers a wide range of dangerous conditions. The common thread is a property owner or occupier who failed to keep the premises reasonably safe for the people they invited onto it.
Slip and Fall
Wet or freshly mopped floors without warning signs, spills left unattended, ice and snow that was never cleared, and recently waxed or polished surfaces. These are the classic premises cases, and they happen most often in stores, restaurants, and building entrances.
Trip and Fall
Uneven or cracked pavement, torn or bunched carpeting, exposed cords and cables, cluttered walkways, broken or poorly lit stairs, and missing handrails. A trip hazard the owner should have noticed and corrected can cause serious injury, particularly to older adults.
Negligent Security
When inadequate lighting, broken locks, or absent security in a place where harm was foreseeable leads to an assault or injury, the property owner may share responsibility. These cases require proving that the harm was foreseeable and that reasonable security measures were lacking.
Businesses, landlords, and property owners in Michigan owe a duty to maintain reasonably safe conditions for the people they invite onto their property, and to warn of hazards they know about or should have discovered through reasonable inspection. The exact level of duty depends in part on why you were there — a paying customer is owed a higher duty than a trespasser — but for the everyday situations most people encounter, shopping, dining, visiting an apartment, the owner’s obligation is substantial.
To succeed, a premises liability claim generally must establish four things: that a dangerous condition existed on the property; that the owner created it or knew, or through reasonable care should have known, about it; that the owner failed to fix it or adequately warn of it; and that this failure caused your injury and resulting damages. The element that most often decides these cases is notice — proving the owner had enough time and reason to know about the hazard. That is why prompt investigation matters so much, and why surveillance footage and maintenance records, which can disappear quickly, are so valuable.
What you do immediately after a fall can determine whether you are able to prove your claim later. If you are able, take these steps.
1. Report it right away.
2. Document the hazard before it is fixed.
3. Identify witnesses.
4. Seek medical attention promptly.
5. Preserve what you were wearing and contact a lawyer.
We handle premises liability cases involving unsafe property conditions to hold negligent property owners accountable.
It’s Not Enough to Show That You Fell
Many people assume that if they were injured on someone else’s property, the owner is automatically responsible. Unfortunately, premises liability claims are rarely that simple.
In most cases, the injured person must prove not only that a dangerous condition existed, but also that the property owner knew about it, created it, or should have discovered it through reasonable inspection. Insurance companies understand this burden and often focus their defense on arguing that they had no notice of the hazard.
That is why evidence, timing, and investigation are often the difference between a successful claim and a denied one.
After a fall, property owners often clean spills, repair defects, or remove hazards within hours.
Some of the most important evidence may include:
1. Surveillance video
2. Maintenance logs
3. Cleaning schedules
4. Incident reports
5. Witness statements
6. Photographs of the hazard
- Direct attorney access.
- Recognized advocacy
- Deep No-Fault knowledge
- Trial-ready preparation
- No fee unless we win
Can I sue if I slipped and fell on someone’s property?
Possibly. Property owners owe a duty to keep their premises reasonably safe. If a hazardous condition that the owner created, knew about, or should have known about caused your fall and injury, and they failed to fix it or warn you, you may have a valid premises liability claim. A free consultation will help you understand whether the facts support a case.
What is the “open and obvious” defense, and does it kill my case?
It is the argument that the hazard was something an average person would have noticed and avoided, so the owner had no duty to protect you from it. It does not automatically defeat a claim. Michigan law in this area has changed in recent years, and how the claim is framed and proven matters a great deal. We build cases specifically to overcome this defense where liability exists.
How long do I have to file a slip and fall claim in Michigan?
Premises liability claims generally carry a three-year statute of limitations from the date of injury. However, claims against a governmental entity, such as a city or public agency, often require formal written notice within a much shorter period, sometimes as little as a few months. Acting quickly protects your rights.
What do I have to prove to win?
Generally, that a dangerous condition existed, that the owner created it or knew or should have known about it, that they failed to fix it or adequately warn of it, and that this failure caused your injury and damages. Proving the owner’s notice of the hazard is often the key, which is why early evidence preservation is so important.
The store says it wasn’t their fault. Does that end it?
No. Property owners and their insurers routinely deny responsibility as a matter of course. Their position is not the final word. An independent investigation of the maintenance records, surveillance footage, and circumstances often tells a very different story.
What is my slip and fall case worth?
It depends on the severity and permanence of your injuries, your medical costs, any lost income, and how the injury affects your daily life. A minor sprain and a hip fracture that requires surgery are very different cases. We evaluate each claim individually and pursue its full value.
What does it cost to hire the firm?
Nothing upfront. We handle premises liability cases on contingency and advance the costs of building your case. You pay an attorney fee only if we recover compensation for you.
A free consultation tells you whether your fall was negligence and what your claim may be worth. No pressure, no obligation, and no fee unless we recover for you.
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- ajrouchlaw.com
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