Olathe, CO Personal Injury Law Firms & Lawyers

I suggest that you retain and/or consult with a personal injury or accident attorney on this matter. Out of fairness to you, an attorney needs to become familiar with the facts and circumstances pertaining to you injury before a claim for damages should be put forth.

There is no legal requirement that you give the gym any particular notice in any particular time frame. You do need to file suit within 3 years of the incident or the Statute of Limitations will bar your claim. However, Michigan law, created by our Judges, indicates that if a premises hazard is open and obvious, then the business has a complete defense to any claims for such hazard. The theory of such law is that an ordinarily prudent person will see an open and obvious hazard/defect upon casual inspection and avoid it. If the person does not so avoid the open and obvious hazard, the law presumes it is that person's fault and the property owner thus has no duty to fix/warn of the hazard. When a hazard is created by negligent acts of someone, or when there is a special aspect to the hazard, the open and obvious defense may not apply. As surprising and counter intuitive as it sounds, if your fall is because some ice remained after removal, and no entity negligently created the new hazard, it is unlikely you have a case in Michigan. The law has come to this because the populace has not carefully followed what their Judges and legislators do to their rights and have not voted these people out of office for taking away their rights.