Under Michigan law, you have the burden of proving ALL of the following: 1) there was a defect. 2) the property owner knew about it in advance, or that it existed for an unreasonably long period of time. 3) that you COULD NOT DISCOVER THE PROBLEM prior to the accident. 4) that the accident was a direct and proximate cause of your injuries. If the ice was due to Mother Nature, then you will likely lose because nature is spontaneous and the property owner might not know about the defect in time to fix it before you came along. However, if the ice is due to an ongoing and recurrent problem with the property which resulted in the formation of ice at that location, then you might be successful in your claim.
Answered on Dec 13th, 2013 at 5:54 PM