Sarissa Montague 2019
Sarissa Montague

Sarissa Montague weighs in on who is at fault for slip and falls on icy streets and sidewalks

WEST MICHIGAN – Dec. 12, 2019 — If you slip and fall on an icy street or sidewalk in West Michigan, who is at fault? Levine & Levine Attorney Sarissa Montague spoke with WWMT – Channel 3 in Kalamazoo, about who is responsible if someone slips and falls in a public place.

     “I don’t know if the average person living in an apartment building, going to the grocery store, or walking down the street understands that if they fall and hurt themselves they will not be able to sue and collect,” Montague said during the interview, explaining per Michigan’s Open and Obvious Doctrine that if the ice is obvious, there’s no one to blame but yourself.

     In Michigan, property owners have a responsibility to make sure that it’s safe for anyone who enters the premise. However, the doctrine eliminates the liability of the property if someone gets hurt and it’s found that the danger was obvious.

     For example, if someone is in an icy parking lot and falls, a judge will consider the ice as an open and obvious danger meaning it was visible, which would protect the owner if someone were to sue, Montague explained.

     Although there are exceptions to the law, Montague said this applies to almost everywhere you go.

     “Parking lots, sidewalks, streets, private business and even inside the building,” she told WWMT.

     Under Michigan law, anyone who owns land must take reasonable efforts to make it safe for people. This means that business owners must try to remove the dangers, but will not be held responsible if you get hurt.

     “It’s unfortunate to anyone who does get hurt, especially if they were taking caution when they slipped and fell,” Montague said. “Be really careful because if you fall you will be the person responsible for your injuries.”

      View Montague’s full interview with WWMT, here.

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136 East Michigan Ave. 14th Floor  |  KalamazooMI 49007  |  Phone269-382-0444  |  Fax269-382-0464

Randall S. Levine
Randall S. Levine
Sharan Lee Levine
Sharan Lee Levine
Anastase Markou
Anastase Markou
Sarissa Montague
Sarissa Montague

About Levine & Levine

Levine & Levine is renowned in the legal community throughout Michigan and beyond, for offering compassionate, professional and thoughtful representation in addition to experienced and aggressive advocacy. Since 1987, the firm has provided highly effective representation to individuals and businesses. Levine & Levine specializes in criminal defense, family law, business law, appeals, and estate planning.