Every year, families across Michigan look forward to the traditions of the holiday season—hanging lights, decorating rooflines, placing wreaths, and bringing a warm glow to their homes. It’s a time meant for togetherness and celebration. Yet behind the sparkle and joy, the months of November through January also see a sharp rise in falls and injuries tied to seasonal decorating.

From slippery sidewalks to unstable ladders and uneven rooflines, hazards can appear quickly—even for careful, experienced homeowners. A simple slip or misstep can result in a life-changing injury in seconds. What should be a cheerful family tradition can suddenly turn into an emergency room visit, missed work, and a long, painful recovery. These accidents disrupt holiday plans, create unexpected medical burdens, and may leave families dealing with lasting physical, emotional, and financial consequences.

At Liss, Shapero & Mitnick, we understand how overwhelming these situations can be. Our commitment is grounded in the values that have guided us for more than 50 years: Your rights first, integrity in every action, clarity in communication, and treating every client as we would our own family. When a preventable fall turns your holiday upside down, you deserve a team who will stand by your side.

When a Fall Is a “Preventable Accident” vs. When a Legal Claim Exists

Not every holiday fall results from carelessness. In many cases, the underlying cause is a dangerous condition that should have been fixed—or a defective product that never should have been sold. Understanding the difference between personal missteps and legal liability is essential for protecting your rights.

Understanding Personal Fault vs. Legal Liability

While some falls happen simply because someone loses their balance, many occur because another party failed to meet their responsibility to keep you safe. Under Michigan law, both property owners and product manufacturers owe a duty of care. That means:

• Walkways, porches, and steps must be reasonably safe.
• Hazards must be fixed or clearly warned about.
• Ladders and equipment must be properly designed and safe for their intended use.

If a fall happens because someone failed to uphold these obligations, a legal claim may exist.

Falls That May Create a Valid Legal Claim

You may have a claim if your fall involved one of the following unsafe conditions:

• Unmaintained or hazardous property
• Icy sidewalks or driveways that were not salted or cleared
• Loose shingles, unstable gutters, or unsafe rooflines
• Broken, defective, or collapsing ladders
• Non-compliant steps, decks, or porches that violate safety codes
• Insufficient lighting, obstructed paths, or hidden hazards

Holiday decorating often puts people in areas of a property they rarely use—rooflines, garages, elevated porches—where hazards may go unnoticed until an injury occurs.

Premises Liability: What Property Owners Owe Visitors

In Michigan, property owners must take reasonable steps to protect people from harm. Their responsibilities include:

• Keeping walkways safe and free from unreasonable hazards
• Fixing known dangers within a reasonable period
• Warning guests of risks when immediate repairs aren’t possible
• Considering winter hazards, such as ice and snow accumulations

Winter in Michigan creates unique liability issues. For example, black ice can form unexpectedly, and homeowners may still be responsible even if the hazard wasn’t immediately visible.

Product Liability: When the Ladder or Equipment Is Defective

Sometimes, the fall isn’t caused by the property—it’s caused by the equipment. A ladder or decorating tool may be defective due to:

• Design flaws that make the product inherently unsafe
• Manufacturing defects where the product was poorly assembled or made with cheap materials
• Missing or inadequate safety warnings about weight limits, ladder angle, or proper use

Ladder recalls occur more frequently than many people realize, especially during the holiday season when inexpensive models are heavily sold.

If a defective product played a role in your fall, a product liability claim may exist.

Holiday Work, Volunteers & Visiting Relatives

Holiday injuries often happen in situations that feel “informal,” but still fall under Michigan law. These may include being injured while:

• Helping a neighbor hang lights
• Assisting elderly parents with their decorations
• Installing decorations at a relative’s home
• Staying at a rental property or Airbnb

Even when the injury occurs on a loved one’s property, homeowners insurance—not the individual—typically covers the claim. It’s not about blaming someone you care about; it’s about ensuring your medical bills and losses are covered.

What to Do Immediately After a Holiday Fall

Seek Medical Attention

• Get emergency care if needed.
• Document early symptoms, even if they seem mild—head, back, and joint injuries often worsen over time.
• Follow up with specialists for suspected orthopedic, spinal, or head injuries.

Medical documentation is essential if a legal claim becomes necessary.

Photographs & Evidence Collection

Whenever possible, take photos of:

• Ice, snow, ladder position, or roofline conditions
• Lighting or visibility issues at the scene
• Shoes, clothing, tools, and decorations involved in the fall
• Any defects in steps, gutters, decking, or surfaces

These details often disappear quickly after a fall—especially in winter weather.

Report the Incident

Notify the homeowner, property manager, or landlord immediately. When you do:

• Document the conversation
• Avoid admitting fault or downplaying the injury

This protects your claim while ensuring the incident is formally acknowledged.

Preserve Equipment

If a ladder or tool was involved, do not:

• Return it
• Repair it
• Throw it away

Keep the ladder and any decorations involved in a safe place. They may be crucial evidence showing a defect or failure.

Avoid Speaking with Insurance Adjusters Until You Get Legal Guidance

Insurance companies often aim to minimize claims. Speaking with them before consulting an attorney can lead to:

• Statements taken out of context
• Early denial of a valid claim
• Pressure to accept a low or unfair settlement

Always consult an attorney before giving recorded statements.

Michigan Law: Key Issues in Holiday Fall Claims

The “Open and Obvious” Doctrine

Michigan courts sometimes deny claims when a danger is considered “open and obvious.” However, important exceptions exist, including:

• Black ice, which may not be visible
• Hidden hazards or distractions
• Unnatural accumulations of snow or ice
• Dangerous conditions the property owner created or ignored

A skilled attorney can evaluate whether this doctrine applies—and whether exceptions protect your claim.

Comparative Fault

Michigan uses a comparative fault system, meaning you can still recover damages even if you share some responsibility. The key is building strong evidence to show:

• Why the hazard existed
• Why it wasn’t reasonably avoidable
• Why the property owner or manufacturer remains liable

LSM’s detailed investigative approach is critical in these cases.

Insurance Coverage Considerations

Different policies may provide compensation, including:

• Homeowners insurance
• Renters insurance
• Commercial liability insurance, if the fall happened at a business or rental property

Understanding which policy applies is often the first step toward recovering damages.

Time Limits for Filing a Claim

Michigan has strict statutes of limitation that control how long you have to file a claim. Delaying action can result in lost evidence, fading memories, and denied claims.

Early legal guidance helps ensure:

• Evidence is preserved
• Deadlines are met
• Your rights remain fully protected

Injured During Holiday Decorating? LSM Is Here to Support Your Recovery.

Holiday injuries are overwhelming, painful, and emotionally disruptive. What should be a joyful season can quickly become filled with medical appointments, missed work, and uncertainty. But you do not have to navigate this alone.

Many holiday falls are preventable, and valid legal claims often exist—even when people assume the injury was “just an accident.” Unsafe property conditions, defective equipment, and winter hazards are all issues that may create liability under Michigan law.

At Liss, Shapero & Mitnick, we approach every case with integrity, clarity, compassion, and the commitment to treat every client like family. We encourage you to reach out as early as possible so evidence can be preserved, injuries properly documented, and your rights fully protected.

Contact Liss, Shapero & Mitnick

Liss, Shapero & Mitnick (LSM Lawyers)
2695 Coolidge Highway
Berkley, MI 48072

Phone: 248-584-1300
Toll-Free: 1-855-LISS-LAW (1-855-547-7529)
Website: lsmlawyers.com

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