Michigan Premises Liability Case Examples
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If you were injured in a premises liability accident, an experienced attorney who specializes exclusively in this area of law and is familiar with the different premises liability case examples can help you fight to get the pain and suffering compensation and money damages for your medical bills and lost wages that you deserve.
The premises liability case examples come in many shapes and sizes, usually with unique fact patterns, circumstances, and injuries. The most common type of accident lawsuit is a slip and fall, including slips and falls on ice and snow and slippery substances. Other common premises liability case examples that arise in Michigan include dog bites, inadequate security, swimming pool accidents, falling objects, elevator malfunctions, recreational accidents, accidents at leased residential properties, and attractive nuisance accidents.
FallLaw.com is a law firm that specializes exclusively in helping people who have been injured on someone else’s property. Attorney Tim Holland and his team of experienced lawyers have a track record of success winning million-dollar verdicts and settlements for their clients. Having litigated over 300 slip and fall, trip and fall, and premises liability cases throughout Michigan, they have the skills and “know how” to handle all of the premises liability case examples.
FallLaw.com is dedicated to its client-focused approach, with all of the lawyers deliberately taking fewer cases so that they can spend more time helping their clients.
What are these types of lawsuits?
These lawsuits are a specific form of negligence where responsibility for injuries or death arises from the defendant’s duty as the property owner and/or the person who was in possession and control of the property at the time the injury or death occurred.
To establish a claim, a plaintiff must prove four elements:
- Possession and control – It must be shown that the owner, possessor, or occupier of the land had possession and control of it (M Civ JI 19.02)
- Dangerous condition – It must be shown that a dangerous condition existed on the land
- A duty of care owed by the property owner to the injured person
- A breach of that duty
- Causation – It must then be shown that the breach of duty caused the person’s injuries
- Damages – It must be shown that the plaintiff suffered “actual damages,” including physical injuries, pain and suffering, medical expenses, lost wages.
The duty of care that a property owner owes to a visitor on his or her property depends on the visitor’s status relative to the property:
- Invitee – Invitees are owed the highest duty of care to maintain the property in a reasonably safe condition. Invitee status arises when a person is invited onto the owner’s property for the “commercial benefit” of the owner. (M Civ JI 19.01) For invitees, the property owner must make the property safe, which means inspecting the property, repairing dangerous conditions and warning of dangerous conditions that visitors do not know about. (Stitt v. Holland)
- Licensee – Licensees are owed a duty of care which requires property owners to warn of dangerous conditions that the licensee is unlikely to discover. Licensee status arises when a person enters the property “for any purpose other than a business or commercial one” and “with the express or implied permission” of the property owner. (M Civ JI 19.01). A social guest or a church attendee is an example of a licensee. For licensees, Stitt explains that the possessor of land or property is liable for physical harm caused to the licensee by a condition on the property if, but only if the possessor (1) “knew or should’ve known of the condition, and should have realized that it involved an unreasonable risk of harm to the licensee, and should have expected that she would not discover or realize the danger;” and (2) “failed to exercise reasonable care to make the conditions safe or to warn the licensee of the condition and the risk involved;” and the licensee (3) “did not know or have reason to know of the condition and risk involved.”
- Trespasser – Trespassers are generally owed no duty of care except in specific circumstances such as “willful and wanton misconduct.” Trespasser status arises when a person enters the property without the owner’s permission and for his or her own purposes. (M Civ JI 19.01). For trespassers, MCL 554.583 provides that a property owner “owes no duty of care to a trespasser and is not liable to a trespasser for physical harm caused by the possessor’s failure to exercise reasonable care to put the land in a condition reasonably safe for the trespasser or to carry on activities on the land so as not to endanger trespassers.”
Michigan premises liability case examples
This area of law is a large umbrella encompassing a wide variety of accidents. The most common examples of premises liability cases include:
Michigan premises liability case examples for slip & fall accidents
Slip and fall accidents are by far the most common type of accident claim. The most significant premises liability slip and fall case example to address this area of law in recent years was the Michigan Supreme Court’s 2023 decision in Kandil-Elsayed vs. F&E Oil, Inc., where the high court held that in lawsuits where a person is injured in a slip and fall or trip and fall accident resulting from hazardous and dangerous conditions on another person’s property, the property owner owes “a duty to exercise reasonable care to protect invitees from an unreasonable risk of harm caused by a dangerous condition of the land.” This duty also includes requiring a land possessor to “anticipate harm” that may result from a seemingly open and obvious danger.
The Kandil-Elsayed court also removed the “open-and-obvious danger doctrine” from the duty portion of a slip and fall analysis, holding that “the open and obvious nature of a condition is relevant to breach and the parties’ comparative fault” – but not to the property owner’s duty.
In this specific premises liability case example, the justices also overruled the “special-aspects doctrine,” finding that “when a land possessor should anticipate the harm that results from an open and obvious condition, despite its obviousness, the possessor is not relieved of the duty of reasonable care.”
Michigan premises liability case examples for sexual assault and negligent security
Corporations, hospitals, schools, employers, institutions and other property owners may be held legally liable in a premises liability case for sexual assaults and abuse that are committed on their property.
For example, in the case of a hospital, the hospital – and its corporate owner – could be sued for premises liability when a patient is sexually assaulted by a hospital employee, such as a nurse. A hospital, which owns and controls its medical facility, owes a duty to its patients (referred to as “invitees” under the law) to protect them from dangerous conditions such as a nurse whom the hospital knew or should have known had dangerous propensities and/or a history of sexual misconduct allegations.
If you or a loved one is a survivor of sexual abuse or violence, it is crucial that you speak with an experienced sexual assault lawyer as soon as possible to protect your legal rights to compensation and money damages and to hold the perpetrator accountable.
Michigan premises liability case examples for dog bites
Under Michigan’s “dog bite” statute, when a visitor on someone’s property is bitten by the property owner’s dog “without provocation,” the property owner “shall be liable for any damages suffered by the person bitten” – even if he or she did not know of the dog’s “viciousness.” (MCL 287.351) This dog-bite statute is commonly understood to impose strict responsibility on the dog’s owner.
The Michigan Supreme Court in Trager v. Thor recognizes that there exists a common-law theory of strict responsibility in dog-bite lawsuits such that “[s]trict liability attaches for harm done by [a dog bite] where three elements are present: (1) one is the possessor of the animal, (2) one has scienter of the animal’s abnormal dangerous propensities, and (3) the harm results from the dangerous propensity that was known or should have been known.”
In this Michigan premises liability dog bite case example, the Trager court also recognized that a “negligence cause of action arises [in a dog bite case] when there is ineffective control of an animal in a situation where it would reasonably be expected that injury could occur, and injury does approximately result from the negligence. The amount of control required is that which would be exercised by a reasonable person based upon the total situation at the time, including the past behavior of the animal and the injuries that could have been reasonably foreseen.”
Michigan premises liability case examples for inadequate security
When a person is injured by the criminal acts of a third-party while on another person’s property, the owner of the property may be held liable if the criminal acts were foreseeable. In accordance with the premises liability inadequate security case example, Mason v. Royal Dequindre, the Michigan Supreme Court held that “merchants have a duty to use reasonable care to protect their identifiable invitees from the foreseeable criminal acts of third parties.” The high court added that “the measures they [i.e., merchants and property owners] take must be reasonable.”
Also, in this premises liability case example, Williams v. Cunningham Drug Stores, Inc., an illustration of what is not reasonable can be found in the Michigan Supreme Court’s ruling in where the justices concluded “as a matter of law that the duty of reasonable care a merchant owes his invitees does not extend to providing armed, visible security guards to protect customers from the criminal acts of third parties. The merchant is not an insurer of the safety of his invitees, and for reasons of public policy he does not have the responsibility for providing police protection on his premises.”
Michigan premises liability case examples for swimming pool accidents
Swimming pool accidents in Michigan are another example of premises liability claims that could be filed and can be grounded in both regulatory violations and general negligence principles. The Michigan Administrative Code sets forth specific safety requirements for pool owners, and failure to meet these standards can serve as compelling evidence of negligence.
Under Mich. Admin. Code R. 325.2191, pool owners must ensure gates are locked, “safety equipment is used only for its intended purpose and is not removed from its established location,” lifelines are in place, surfaces are kept clean, and pool chemicals are stored correctly.
In addition, Mich. Admin. Code R. 325.2122 mandates that pools be constructed safely, without dangerous protrusions and using durable, nonhazardous materials. Noncompliance with these regulations may constitute a breach of the owner’s legal duty and support a claim for responsibility. Courts evaluating swimming pool injury claims will apply the general framework of the law, focusing on the injured person’s legal status (invitee, licensee, or trespasser) and whether the property owner failed to maintain a reasonably safe environment or provide adequate warnings of known dangers.
Michigan premises liability case examples for falling objects
In Michigan, injury claims involving falling objects are generally evaluated under well-established legal principles that require property owners to maintain safe conditions and protect lawful visitors from foreseeable harm. Property owners have a duty to keep their property reasonably safe and to prevent hazardous conditions that could result in injury, including those involving falling objects. For example, if an item or object in a store falls on and injures a customer due to improper installation, careless stacking, loose ceiling tiles, or poorly maintained light fixtures, the store or property owner could be held liable in premises liability case in Michigan for failing “to exercise reasonable care to protect an invitee from an unreasonable risk of harm caused by a dangerous condition of the land that was known to the possessor or that should have been known to the possessor in the exercise of ordinary care.” (M Civ JI 19.03)
Michigan premises liability case examples for elevator malfunctions
Injuries due to an elevator malfunction is another example of a premises liability case in Michigan which are generally handled under the broader principles of the law. Property owners are responsible for maintaining their property, including elevators, in a reasonably safe condition and for protecting lawful visitors from foreseeable harm. Responsibility for elevator-related injuries can stem from several grounds, including failure to warn users of known risks, poor maintenance practices, or defects in the elevator’s design or structure. In elevator cases, negligent maintenance is often the central issue, especially when owners fail to meet inspection or service standards.
A critical element in these lawsuits is the owner’s knowledge of the elevator’s condition. An example of a premises liability case in Michigan is when a property owner is found liable because the property owner knew or should have known about the risk of malfunction and failed to take corrective action. This includes scenarios where maintenance was delayed, inspections were skipped, or reported issues were ignored. In short, property owners who neglect elevator safety requirements may be held responsible for injuries caused by preventable malfunctions.
Michigan premises liability case examples for recreational use of another person’s land
Another example of a premises liability case in Michigan involves someone getting injured while engaging in recreational activities on another person’s property. State law limits landowner responsibility when their property is used for recreational purposes without payment. Under MCL 324.73301(1) and MCL 324.73107(1), a person who uses another person’s land for outdoor recreation activities (such as fishing, hunting, trapping, camping, hiking, sightseeing, motorcycling, snowmobiling,) without paying the landowner cannot sue for injuries unless the injury was caused by the landowner’s gross negligence or willful and wanton misconduct. These protections apply regardless of whether the person was on the other person’s land “with or without permission” or “consent” from the property’s owner so long as no payment was made for use of the land.
However, the property owner may have responsibility if: (1) the injured person was on the property with consent, (2) the injured person has paid the owner to engage in recreational use of the property, (3) the person is injured by a condition of the land “that involved an unreasonable risk of harm, (4) the owner knew of the condition or risk, (5) the owner “failed to exercise reasonable care to make the condition safe or to warn the person of the condition or risk,” and (6) the injured person “did not know or did not have reason to know of the condition or risk.” (MCL 324.73107(2))
Michigan premises liability case examples for leased residential properties
Another example of a premises liability case in Michigan involves someone getting injured while in another person’s leased residential property. Michigan imposes specific legal duties on residential landlords through MCL 554.139(1)(a), which requires lessors to ensure that the property and all common areas are fit for the use intended by the parties. Additionally, under MCL 554.139(1)(b), landlords must keep the property in reasonable repair during the term of the lease. In other words, this section of the statute requires repair of a defect in the property. (Allison v A.E.W. Capital Management)
In the premises liability case example, Benton v. Dart Properties, the Michigan Court of Appeals held “that the open and obvious danger doctrine cannot bar a claim against a landlord for violation of the statutory duty to maintain the interior sidewalks in a condition fit for the use intended under MCL 554.139(1)(a).” In so ruling, the Court of Appeals recognized that the court has previously acknowledged that: The open and obvious danger doctrine is not available to deny responsibility to an injured invitee or licensee on leased or licensed residential properties when such properties present a material breach of the specific statutory duty imposed on owners of residential properties to maintain their property in reasonable repair and in accordance with the health and safety laws, as provided in MCL 554.139(1)(a) and (b).
Michigan premises liability case examples for child trespasser (attractive nuisance)
Another premises liability case example is when a child is injured while trespassing and Michigan law provides special legal protections for them. Under MCL 554.583(2)(d) – which is also known as Michigan’s “attractive nuisance doctrine” – a landowner may be held liable for injuries suffered by a child trespasser if: (1) the child is “injured by an artificial condition on the land,” (2) the landowner “knew or had reason to know that a child would be likely to trespass on the place where the condition existed,” (3) the property owner “knew or had reason to know of the condition and realized or should have realized that the condition would involve an unreasonable risk of death or serious bodily harm to a child,” (3) the “injured child, because of his or her youth, did not discover the condition or realize the risk involved in intermeddling with it or in coming within the area made dangerous by it,” (4) the “utility” to the property owner “of maintaining the condition and the burden of eliminating the danger were slight as compared with the risk to the child, and (5) the property owner “failed to exercise reasonable care to eliminate the danger or otherwise to protect the child.” This “attractive nuisance doctrine” acknowledges that children may not fully understand certain dangers and places a greater responsibility on landowners to protect them, even if they are technically trespassing
Get Help From The Attorneys At FallLaw.com Today!
If you are injured on someone’s property in Michigan and are wondering how these premises liability case examples may impact your claim, call now for a free consultation with an experienced lawyer near you. Let the experience that attorney Tim Holland and the attorneys at FallLaw.com have with property injury accidents along with their track record of getting the highest settlement amounts possible for their victims give you peace of mind, while they help to pick you back up and get you the compensation that you need and deserve to start rebuilding your life.
We pride ourselves on treating every client with care, compassion, and respect. We pride ourselves on communication and we will always be there when you need us. We will ALWAYS return your calls and emails and answer your questions.
To speak with an experienced attorney about your property injury, call us now, or fill out our contact form for a free consultation.
We will help you understand the law and answer all of your questions about how we can make the law work for you. There is absolutely no cost or obligation. We’re here for you now.
Get help from our FallLaw.com lawyers today
You do not have to go it alone after your slip and fall accident. With a proven record of securing top settlements in Michigan slip and fall cases, attorney Tim Holland and his team of lawyers at FallLaw.com give you the peace of mind that comes from knowing your case is in experienced hands — while they fight for the compensation you need and deserve.
We pride ourselves on treating every client with care, compassion, and respect. We pride ourselves on communication and we will always be there when you need us. We will ALWAYS return your calls and emails and answer your questions.
To speak with an experienced slip and fall accident attorney about your injury, call us now, or fill out our contact form for a free consultation.
We will help you understand Michigan’s slip and fall law and answer all of your questions about how we can make the law work for you. There is absolutely no cost or obligation. We’re here for you now.
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Tim Holland is arguably Michigan’s most experienced and successful slip and fall lawyer. You can read more about Tim Holland’s experience and success here.
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