As December arrives in Michigan, so does the rush of holiday shopping, school concerts, end-of-year work events, and gatherings with family and friends. Parking lots—from big retail plazas and grocery stores to office complexes and event venues—become busier, more crowded, and significantly more hazardous.

With winter weather comes a perfect storm of dangerous conditions: snow, freezing rain, sleet, and especially black ice, which can form invisibly overnight. Even cautious pedestrians may suddenly lose their footing in a parking lot they’ve walked across dozens of times before.

The surge in foot traffic combined with unpredictable weather means parking lot slip-and-falls spike dramatically each December. And while many victims feel embarrassed at first—blaming themselves or assuming they “should have been more careful”—in reality, most of these falls were preventable. When property owners fail to act responsibly, dangerous conditions develop quickly.

At Liss, Shapero & Mitnick, we take these injuries seriously. Our values—Your rights first, honesty, integrity, clarity, and treating every client like family—guide everything we do. With decades of experience handling Michigan winter slip-and-fall and premises liability cases, we know how to uncover the truth and hold negligent parties accountable.

What Counts as Negligence in a Parking Lot Slip-and-Fall?

Michigan’s Duty of Care for Parking Lot Owners

Property owners must maintain reasonably safe conditions for visitors. This includes:

• Timely snow and ice removal
• Salting or sanding surfaces when conditions require it
• Adequate lighting to ensure visibility
• Prompt repair of hazards, such as potholes or uneven pavement

Failing to perform these duties may amount to negligence.

Failure to Treat or Inspect for Hazards

Many winter accidents occur because owners failed to monitor or treat their property. Examples include:

• Not salting after a known snowfall or freeze
• Skipping routine inspections during busy shopping days
• Allowing snow piles to melt and refreeze near pedestrian pathways

A simple lack of attention can create extremely dangerous conditions.

Unreasonable Delay in Snow & Ice Removal

Michigan case law recognizes that property owners need time to respond to winter conditions—but “reasonable” timing depends on the situation.

• High-traffic locations require faster, more consistent treatment.
• Holiday staffing shortages or record crowds do not excuse unsafe conditions.

If ice or snow remains untreated long after a weather event, negligence may exist.

Poor Lighting & Visibility Issues

Lighting plays a major role in winter safety. Negligence may include:

• Burned-out lights in parking lots or entrances
• Shadows from buildings, decorations, or vehicles that hide ice
• Failure to maintain adequate illumination for safe walking

When you can’t see the hazard, you can’t avoid it.

Unsafe Parking Lot Design or Maintenance

Sometimes the problem isn’t just the weather—it’s the structure of the parking lot itself.

Common dangerous conditions include:

• Improper drainage that creates sheet ice
• Uneven pavement or potholes hidden beneath snow
• Sloped or cracked surfaces that become treacherous when icy

These issues often require expert evaluation, which LSM’s team regularly handles.

The Role of the “Open and Obvious” Doctrine

Michigan courts sometimes rule that if a hazard was “open and obvious,” the property owner may not be liable. However, there are important exceptions, including:

• Black ice that forms without visible warning
• Hazards obscured by snow, cars, shadows, or poor lighting
• Conditions created or worsened by the property owner
• Situations where the victim was reasonably distracted

These exceptions are critical—many valid claims succeed because the hazard wasn’t visible.

What To Do Immediately After a Parking Lot Slip-and-Fall

Get Medical Attention

Even if injuries seem minor, winter falls can cause:

• Concussions
• Internal injuries
• Fractures or torn ligaments

Immediate medical documentation supports both your recovery and your case.

Photograph the Scene

Before the hazard changes or melts, take photos of:

• Ice patches or uneven pavement
• Snow piles and drainage patterns
• Lighting conditions and shadows
• Your footwear and clothing
• Any nearby signs or lack thereof

These details can disappear within minutes.

Report the Incident

Notify store management, security, or the property owner. Request:

• A written incident report
• A copy for your own records

If they refuse, document who you spoke with and when.

Preserve Clothing & Footwear

Your footwear and clothing may show:

• Salt residue
• Tears created during the fall
• Signs that contradict insurance claims

Keep these items in their post-incident condition.

Identify Witnesses

Anyone nearby may help support your account, including:

• Shoppers
• Employees
• Security staff

Collect names and contact information whenever possible.

Avoid Speaking to Insurance Adjusters Before Legal Guidance

Insurance companies often try to:

• Shift blame
• Minimize injuries
• Pressure victims into early settlements

Speaking without legal counsel can harm your claim—let LSM protect your rights.

Evidence That Helps Prove Parking Lot Negligence

Weather Records

Weather reports help establish what the property owner knew or should have known based on the conditions. These records can show:

• The timing of snowfall or freezing rain
• Rapid freeze–thaw cycles that create black ice
• Temperature changes that would require additional salting

If weather data shows hazardous conditions existed for hours before a fall, it may support a claim that the owner failed to act reasonably.

Surveillance Footage

Parking lots, especially at retail centers or large complexes, often have cameras aimed at entrances, sidewalks, or drive lanes. Surveillance footage can show:

• The exact moment of the fall
• Pedestrians slipping earlier in the day
• Whether employees inspected or treated the area
• How long the hazard existed

Because many systems automatically overwrite footage within days, immediate legal action is essential to preserve it.

Maintenance Logs

Many commercial properties maintain records of:

• When the lot was salted or plowed
• Inspection schedules
• Contractor arrival and departure times
• Weather monitoring procedures

If logs show skipped treatments, inconsistent practices, or long gaps between inspections, this can strongly support a negligence claim.

Store or Property Policies

Businesses often have written protocols for winter maintenance. A failure to follow their own rules can demonstrate:

• Carelessness
• Poor supervision
• Lack of reasonable safety measures

When a property ignores its procedures, liability becomes more clear.

Expert Testimony

Certain cases require specialized knowledge. LSM frequently consults:

• Engineers to analyze drainage and pavement conditions
• Safety experts to evaluate lighting, maintenance, and winter protocols
• Meteorologists to interpret freeze patterns and weather-related hazards

Expert insight strengthens the evidence and clarifies exactly how the injury occurred.

Who Can Be Held Liable?

Property Owners

Owners of:

• Retail shopping centers
  
  
• Malls and strip plazas
• Grocery stores
• Office buildings
• Restaurants and entertainment venues

are responsible for ensuring their premises are reasonably safe for visitors. Failure to address winter hazards may place them directly at fault.

Snow Removal Contractors

Many properties hire third-party companies to:

• Plow snow
• Apply salt or sand
• Inspect conditions during storms

If these contractors fail to follow their obligations—or perform their work negligently—they may be held liable.

Property Management Companies

When management companies oversee multiple buildings or commercial centers, they often control:

• Maintenance schedules
• Safety policies
• Contracting responsibilities

Their oversight failures can contribute to dangerous conditions.

Tenants vs. Owners

Some areas of a parking lot are controlled by the property owner, while others fall under the responsibility of individual businesses. For example:

• A retail tenant may control the sidewalk directly in front of their store.
• The larger parking lot may fall under the responsibility of the property owner or management company.

Understanding who had control of the hazard area is key to identifying the correct liable party.

Injured in a Parking Lot This Winter? LSM Will Help You Stand Strong.

Parking lot slip-and-falls are especially common in December—not because visitors are careless, but because winter weather and negligent maintenance often collide. You deserve safe conditions when shopping, working, or visiting businesses. When property owners fail to uphold their responsibilities, injuries can be severe and life-altering.

Victims deserve fair treatment, full medical support, and strong legal protection. Many people assume they “should have been more careful,” but that’s often not true. When ice accumulation, poor lighting, or ignored maintenance creates dangerous conditions, negligence is involved.

At Liss, Shapero & Mitnick, we are guided by our core values: integrity, clarity, compassion, and treating every client like family. If you've been injured in a parking lot, contact us immediately so critical evidence—such as ice conditions, surveillance footage, and maintenance records—can be preserved before it disappears.

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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