Black ice is one of Michigan’s most dangerous winter hazards—especially in parking lots. Unlike visible snow or slush, black ice blends seamlessly with the pavement, forming an almost transparent sheet that gives no warning before a fall. These conditions develop quickly, often overnight or even hour-to-hour during freeze–thaw cycles that are common throughout Michigan’s winter months.

Parking lots at grocery stores, apartment complexes, medical facilities, office buildings, and shopping centers are among the most frequent locations for black-ice injuries. These open areas accumulate runoff from plowed snow piles, roof edges, and drainage slopes. When temperatures drop, that moisture refreezes into thin ice patches that even the most careful pedestrian cannot detect until it’s too late.

A fall on black ice can change your day—or your life—in seconds. Victims often experience not only physical injuries but emotional stress, missed work, growing medical bills, and uncertainty about what comes next. Understanding your rights under Michigan premises liability law becomes crucial, especially when the fall could have been prevented with proper maintenance and timely safety measures.

Understanding Black Ice in Michigan Parking Lots

What Makes Black Ice Unique

Black ice is distinct because of how it forms and how difficult it is to see:

• Freeze/thaw cycles: When temperatures rise during the day, snow melts and water spreads across paved surfaces. As temperatures fall again—often rapidly—this thin layer refreezes into invisible ice.
• Refreezing after salting: Even when property owners apply salt initially, melted runoff can refreeze hours later if not monitored.
• Shaded or sheltered areas: Parking lots near large buildings or overhangs may never receive enough sunlight to melt ice fully.
• Runoff from plowed snow: Snow piles melt from the bottom and sides, sending a steady stream of water across parking lanes, which then turns into hazardous ice sheets.

Under Michigan law, property owners and managers have a duty to take reasonable steps to maintain safe conditions, especially during winter months. This includes regular salting, monitoring weather conditions, addressing known drainage issues, and removing or relocating snow piles that create runoff. When these obligations are ignored, dangerous conditions—and serious injuries—follow.

Michigan Law and “Open and Obvious” Conditions

For years, the “open and obvious” doctrine made it harder for victims of slip-and-fall accidents to hold property owners accountable. If a hazard was deemed open and obvious, owners often escaped liability. However, recent Michigan Supreme Court rulings have significantly shifted how courts evaluate these cases.

Because black ice is invisible, it frequently cannot be considered “open and obvious.” Courts now place more emphasis on:

• Whether the hazard could realistically be noticed by an ordinary person.
• Whether the property owner took reasonable measures to prevent or address ice formation.
• Whether lighting, drainage, weather conditions, or previous complaints should have alerted the owner to the risk.

Every case is fact-specific, making experienced legal evaluation essential.

What to Do Immediately After a Black-Ice Fall

Get Medical Care Right Away

Even if you feel “okay,” injuries from black-ice falls often worsen over hours or days. Seek emergency care or see your doctor immediately. Early medical documentation is critical when establishing causation and the full extent of your injuries.

Report the Incident

Notify the appropriate party as soon as possible:

• Store or business manager
• Property owner or landlord
• Office or building management
• On-site security

Request that an incident report be completed and ask for a copy, if available. Do not assume someone else will report it for you.

Preserve Evidence at the Scene

Photos and videos taken immediately after the fall are invaluable. Document:

• The exact area where you slipped
• Lighting conditions
• Weather at the time
• Snow piles, runoff streams, or drain paths
• Lack of salt or visible maintenance
• Absence of warning signs

If you can identify a pattern of meltwater refreezing, capture that as well—these details often reveal landlord or property-owner negligence.

Gather Witness Information

If anyone saw the fall or the unsafe conditions, try to collect:

• Names
• Phone numbers
• What they observed

Witness statements can help establish how long the hazard existed and whether the property owner should have known about it.

Preserve Your Shoes and Clothing

Footwear is often used as evidence in slip-and-fall cases. Do not wash or discard the shoes you were wearing at the time of the fall. They may help demonstrate that the hazard—not your footwear—caused the accident.

Avoid Giving Recorded Statements to Insurance Companies

After an incident, insurance adjusters may contact you quickly, hoping to gather statements that minimize their responsibility. Politely decline to give a recorded statement until you speak with an attorney. These early interviews often become evidence used against you later.

Who May Be Liable for a Black-Ice Fall in Michigan?

Commercial Property Owners

Businesses have a legal duty to keep their premises reasonably safe for visitors. This includes:

• Big box stores
• Shopping centers and strip malls
• Restaurants and fast-food chains
• Hospitals and urgent care facilities
• Office buildings and medical plazas

These properties experience high foot traffic and large parking areas—conditions that make proactive winter maintenance critical. Failure to salt, plow, or inspect these areas regularly may result in liability when a visitor is injured on black ice.

Landlords & Apartment Complex Owners

Landlords must maintain common areas, including parking lots, sidewalks, and walkways used by tenants and guests. Michigan law requires them to take reasonable steps to prevent predictable winter hazards. When a landlord ignores complaints, delays salting, or allows dangerous drainage patterns to develop, they may be responsible for the resulting injuries.

Snow & Ice Removal Contractors

Many businesses hire third-party contractors to plow, salt, and monitor their lots. When a contractor:

• Fails to perform their duties,
• Applies insufficient salt,
• Leaves meltwater runoff unaddressed, or
• Does not return for refreezing conditions,

they may share liability with the property owner. These cases often involve reviewing contracts, service logs, and weather-response procedures—an area where skilled legal analysis is essential.

Municipalities 

City-owned lots, sidewalks adjacent to municipal buildings, and certain public structures may fall under governmental responsibility. Claims against municipalities follow strict notice requirements and very narrow legal exceptions. Because timelines are short and the standard is high, prompt legal guidance is crucial.

How Liss, Shapero & Mitnick Builds a Strong Black-Ice Case

Conducting a Rapid Investigation

Time is critical in black-ice cases. Ice melts, footage gets erased, and conditions change. Our team acts quickly to:

• Secure surveillance video before it’s deleted
• Document weather patterns, temperature records, and freeze/thaw cycles
• Photograph drainage issues, lighting, snow piles, and maintenance failures

These early steps often determine the strength of a case.

Analyzing Maintenance Logs & Snow Removal Contracts

We obtain and review:

• Salting and plowing logs
• Contracts with snow removal companies
• Internal maintenance policies
• Weather-monitoring procedures

These documents reveal whether the property owner or contractor failed to perform required winter maintenance.

Demonstrating Lack of Reasonable Care

Michigan law requires property owners to act reasonably under the circumstances. Evidence may show:

• The ice existed long enough that the owner should have known about it
• No preventive measures were taken despite predictable refreezing
• Prior incidents or complaints were ignored
• Hazardous drainage conditions were never repaired

Our attorneys build a case that clearly establishes what the owner should have done—and didn’t.

Overcoming Common Insurance Defenses

Insurance companies often try to shift blame onto the injured person. They may argue:

• You wore the wrong shoes
• You were distracted
• The condition was “open and obvious”

Our team counters these tactics with strong legal arguments and medical evidence, showing the true severity and impact of your injuries. With black ice, invisibility itself is a powerful argument in your favor under Michigan law.

Ensuring the Client’s Story Is Told

At LSM, we believe your life matters more than your file. That means understanding:

• How your injury affects your work
• Your ability to care for yourself or your family
• Your physical pain, emotional distress, and loss of independence
• The day-to-day challenges you now face

We present a full picture of your losses to ensure you receive the compensation you deserve.

Protect Your Rights After a Black-Ice Fall

Even a single moment on black ice can change the course of your life. What feels like a routine walk across a parking lot can turn into a traumatic fall with painful injuries, mounting medical bills, and a long road to recovery. If you or someone you love has been injured because a Michigan parking lot was not properly maintained, you deserve a legal team that not only fights for you—but genuinely cares about what you are going through.

At Liss, Shapero & Mitnick, we have spent decades standing up for injured Michiganders. Our community roots run deep, and our approach is simple: we treat every client like family. When property owners fail to take winter safety seriously, we step in to hold them accountable and to help you rebuild after a life-changing fall. Your story matters. Your rights matter. And we are here to protect both.

Contact Liss, Shapero & Mitnick Today

Liss, Shapero & Mitnick
2695 Coolidge Highway
Berkley, MI 48072

Phone: 248-584-1300
Toll-Free: 1-855-LISS-LAW (1-855-547-7529)
Fax: 248-584-1323

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