Michigan Premises Liability Case Law Explained
What Is Your Slip and Fall Case Worth?
Don’t let the insurance adjuster push you around. Request your free consultation today.
"*" indicates required fields
In Michigan, the premises liability case law can help you recover the pain and suffering compensation and money damages you are legally entitled to after you or a loved one has been injured or killed in an accident on someone’s property.
This type of case law can be confusing for individuals who are unfamiliar with it. But an experienced attorney who specializes in this area of litigation will have a complete understanding of the relevant case law, and he or she will have the “know how” to use the law to fight to win you a full and fair settlement in the shortest possible time!
The experienced attorneys at Michigan Slip & Fall Lawyers, led by attorney Tim Holland, specialize exclusively in these types of cases. They have established a proven track record of some of the best reported slip and fall settlements and jury verdicts in the state.
What is a premises liability case in Michigan?
A premises liability case is a legal claim filed by an individual who has been injured due to a property owner’s failure to make his or her premises safe. In Michigan, property owners are required to protect “invitees” (those visiting for business or commercial purposes) from unreasonable risks created by dangerous conditions. Property owners can be held responsible if they knew or should have known about a dangerous condition on their property that posed a threat to the safety of people whom they have invited onto their property.
To succeed in a claim, the injured party must prove that the property owner was negligent in failing to uphold his or her duty of care to the injured party. The duty of care owed to a person on the property varies based on their legal status, such as whether they are an invitee, licensee, or trespasser.
What is an invitee?
An invitee is a person invited for the owner’s commercial benefit (e.g., a customer in a store). The owner owes the highest duty of care, including maintaining safety and regularly inspecting for hazards.
What is a licensee?
A licensee is a person on the property with permission but not for commercial purposes (e.g., a social guest). The owner must warn of known hazards but doesn’t need to inspect for hidden dangers
What is a trespasser?
A trespasser is a person who enters without permission. The owner must only avoid willful or wanton misconduct that could cause harm.
Michigan Premises Liability Case Examples
In the Michigan Supreme Court’s landmark ruling in Kandil-Elsayed vs. F&E Oil, Inc., and Pinsky vs. Kroger Company of Michigan, the justices clarified several important aspects of Michigan’s law as it applies to a premises liability case.
Specifically, high court in Kandil-Elsayed rules that:
- Property owners have “a duty to exercise reasonable care to protect invitees from an unreasonable risk of harm caused by a dangerous condition of the land.” This statement of the law is reflected in Michigan Civil Jury Instruction 19.03 (“Duty of Possessor of Land, Premises, or Place of Business to Invitee”)
- Property owners’ duty to protect is not canceled out or diminished just because a dangerous condition on their land might be determined to be “open and obvious.”
- In Michigan, property owners are not immune from liability for injuries and death because the dangerous conditions they allowed to exist on their premises were “open and obvious.”
- Property owners have a duty to “anticipate the harm” that could befall invitees from that an open and obvious dangerous condition they have permitted to exist on their premises.
- A slip and fall or trip and fall victim is not barred from holding a premises owner liable just because the victim may have had some small percentage of fault.
The Kandil-Elsayed opinion also addressed property owners’ duty of care to invitees when there is snow and ice on the property.
The justices held that property owners must owe a duty to invitees “to use reasonable care to protect against hazards arising from natural accumulation of ice and snow.” This means that a property owner must take “reasonable measures . . . within a reasonable time after an accumulation of ice and snow to diminish the hazard of the injury to the invitee.”
The Kandil-Elsayed ruling about property owners’ duty of care when snow and ice is present on the property is reflected in in Michigan Civil Jury Instruction 19.05:
Another important case is Stitt vs. Holland Abundant Life Fellowship, in which the Michigan Supreme Court clarified both the definitions of an “invitee,” a “licensee,” and a “trespasser” and the duties of care that a property owner owes to each of these individuals.
Most Common Types of Premises Liability Cases
- Slip and fall
- Trip and fall
- Wet or uneven surfaces
- Defective steps/railings
- Elevator/escalator accidents
- Falling objects
- Poorly maintained parking lots
- Poor or inadequate lighting
- Negligent security
- Dog bites or other injuries caused by an animal on someone else’s property
How to win a premises liability case in Michigan
In Michigan, to win a premises liability case, you need to prove the property owner was negligent and their negligence directly caused your injury or death by proving the following elements: (1) duty of care, (2) known hazard, (3) failure to remedy the hazard (breach of duty), (4) causation and (5) injury.
1. Duty of care in a Michigan premises liability case
According to Michigan premises liability law, a property owner owes a duty of care to individuals entering their property and the level of care owed depends on the individual’s status as an invitee, licensee and trespasser.
2. Known hazard
To establish liability, the plaintiff must show that a dangerous condition existed on the property and that the owner knew or should have known about it.
3. Failure to remedy the Hazard (breach of duty)
The owner must address known hazards. Failure to repair or warn about a danger may be a breach of duty. Evidence must show the owner neglected to act reasonably in fixing or warning of the hazard, as seen in Stitt v. Holland.
4. Causation
The plaintiff must prove that the hazardous condition directly caused the accident. Without this connection, the owner is not liable.
5. Injury
The plaintiff must show that the accident resulted in an actual injury, such as physical harm or property damage, to have a valid claim.
Injured on someone’s property in Michigan and need help with your case? Call our attorneys now for a free consultation!
If you or a loved one was injured on someone’s property in Michigan and need help with your case call now and let our experienced premises liability lawyers provide the support you need. With a proven track record of securing top settlements for victims, we’ll give you the peace of mind you deserve while working to get you the compensation needed to help rebuild your life.
We pride ourselves on offering every client personalized care, compassion and respect. Clear communication is a cornerstone of our practice, and we promise to always be available for you. You can count on us to return your calls, respond to your emails, and answer any questions you may have.
To speak with an experienced attorney about your case, call us today or fill out our contact form for a free, no-obligation consultation. We’ll guide you through Michigan’s slip and fall laws and help you understand your options. There’s absolutely no cost or obligation. We’re here to support you every step of the way.
Published:
Get help from our Michigan slip and fall lawyers today
You do not have to go it alone after your slip and fall accident. Let the experience attorney Tim Holland and the lawyers at Michigan Slip and fall have on slip and fall cases 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 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.
Meet Our Attorney
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.
What Is Your Slip and Fall Case Worth?
"*" indicates required fields