Elements Of A Premises Liability Case In Michigan Explained
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In Michigan, the main elements of a premises liability case include proving the property owner owed a duty of care to the person who entered onto the property; the property owner breached their duty of care, failing to make it safe; the breach caused the person’s injuries and the person suffered injuries/damages.
An experienced Michigan premises liability lawyer who specializes in this area of law will help you prove these elements and help you fight to win the maximum possible settlement in the shortest possible time.
The best attorneys for your case are at Michigan Slip & Fall Lawyers. Attorney Tim Holland and his team specialize exclusively in helping people who are hurt because of a property owner’s negligence. They have a track record of success winning multimillion-dollar settlements and verdicts for the people they help. They purposefully take fewer cases than other lawyers so they can focus completely on you and your case. And perhaps best of all, you can consult them for free and hire them without paying anything up front or out of pocket. You pay their fee only if they win your case and only after your case is finished.
What type of lawsuit is this?
This is a lawsuit asserting that an injury occurred on someone else’s property because of the property owner’s failure to make the property safe, or inform people of any known dangers. To win a premises liability case in Michigan you must prove certain elements. An experienced attorney understands these factors and knows how to win your case.
Elements Of A Premises Liability Case In Michigan
In Michigan, to win a premises liability case, you must prove the following elements: your status, the owner had possession and control of the property, a dangerous condition existed, the property owner owed you a duty of care, the property owner breached the duty of care, causation and injuries and damages.
Your status
The first element you must determine and prove in your Michigan premises liability case is that you are either an “invitee,” “licensee,” or “trespasser” with respect to the property. (M Civ JI 19.01) An “invitee” is a person invited onto the property for the owner’s “commercial benefit” or for “business dealings” with the owner. (M Civ JI 19.01). The most common example of an “invitee” is a customer in a store. A “licensee” is a person who enters onto the owner’s 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). The most common example of a “licensee” is a social guest in a private home. A “trespasser” is a person who goes onto another person’s property without the owner’s permission and “for his or her own purposes.” (M Civ JI 19.01).
Possession and control of the property
The next element you need to prove in your Michigan premises liability case is that the property owner whom you are suing had possession and control over the property. (M Civ JI 19.02)
Dangerous condition
Another element you must prove in your Michigan premises liability case is that the property owner whom you are suing had possession and control over the property. (M Civ JI 19.02)
Possession and control of the property
The next element you need to prove in your Michigan premises liability case is that the property owner whom you are suing had possession and control over the property. (M Civ JI 19.02)
Duty of care
The next element you must prove in your Michigan premises liability case is that the property owner owed you a duty of care. The duty of care that a property owner owes you is determined by your status relative to the property, i.e., whether you are an invitee, licensee or trespasser.
Breach of duty of care
You must prove the property owner breached the duty of care that they owed to you. For example, failing to make the property safe or failing to warn you about hidden or unknown dangerous conditions.
Causation
The next element you must prove in your Michigan premises liability case is that the property owner’s breach of his or her duty of care caused your injuries.
Injuries and damage
The final element you must prove in your Michigan premises liability case is that, as a result of the property owner’s breach of his or her duty of care, you suffered injuries and damages, which may include pain and suffering as well as medical expenses and lost wages
What type of duty does a property owner owe me?
The duty of care that a property owner owes you depends on your “status” relative to the property, i.e., whether you are an invitee, licensee or trespasser on the property.
Here are the duties of care that are owed to each of the three “statuses”:
- Invitee – If you have invitee status, the property owner owes you a duty of care to make the property safe by: (1) inspecting the property, (2) making necessary repairs, and (3) warning you of any known or discovered hazards. (Stitt) To put it another way, a property owner owes “a duty 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)
- Licensee – If you have licensee status, the property owner has a duty only to warn you of any hidden danger the owner knows or should know about – but only if you don’t know about the danger or you would have no reason to know about it. Importantly, the landowner owes no duty of inspection or affirmative care to make the property safe for [a] licensee’s visit. (Stitt)(M Civ JI 19.06)
- Trespasser – If you are a trespasser, the owner owes you no duty other than to refrain from causing you harm through “willful and wanton” misconduct. (Stitt)
In 2023, the law on duty in these types of cases changed significantly when the Michigan Supreme Court decided Kandil-Elsayed v. F & E Oil, Inc., which removed the “open-and-obvious danger doctrine” from the analysis of whether the property owner owes a duty of care. With this change in Michigan premises liability law, instead of focusing on the element of open-and-obvious-danger doctrine, courts now must focus on the duty owner’s duty of care and any comparative fault on the part of the victim.
What should I do if I was hurt on someone’s property?
- Pinpoint the location and cause of your injury – Be able identify where and how the accident occurred in order to establish responsibility on the part of the property owner.
- Be prepared to explain why you didn’t notice the hazard – Why would a “reasonable person” in your position not have been able to avoid the hazard?
- Fulfill all notice requirements – It’s essential to meet specific notice requirements. Be sure to follow these guidelines to avoid any issues down the line.
- File an incident report promptly – Filing an incident report is critical in proving the injury element in a Michigan premises liability case, as it documents that the injury actually took place.
- Know that the owner will try to shift blame to you – Property owners and their insurance companies will try to point the finger at you to avoid responsibility.
- Document the scene – If you are able to, take the following steps to gather evidence for your case: (1) Take photos and videos of the scene, (2) Collect witness contact information, (3) Obtain a copy of the incident report, and (4) Issue a preservation demand to the potentially responsible party to ensure evidence is not destroyed.
- Hire an experienced attorney – It’s important to have an experienced attorney representing you before speaking with insurance adjusters, who may try to push you into accepting a low settlement offer.
How can a lawyer help me prove the elements of premises liability and win my case in Michigan?
A skilled Michigan attorney with a deep understanding of premises liability law will give you the best possible chance to prove all necessary elements to maximize the value of your claim and get the compensation you deserve right away. An inexperienced attorney who simply dabbles in this area of law (and handles a garden variety of claims) is likely to settle your claim quickly as they operate on volume and speed and you are just a number. This could result in you leaving hundreds of thousands if not millions of dollars on the table.
An experienced lawyer who specializes in this area of law will immediately investigate your case and will understand how to navigate the many complexities these types of claims present. Your lawyer will begin gathering crucial evidence immediately, and will file notices to preserve evidence so that it is not lost or destroyed. He or she will build your case and negotiate with the insurance company while you focus on getting well. Once the elements of your Michigan premises liability case are built and proven, your lawyer will negotiate a settlement for the full value of your case or go to trial and get your compensation that way.
The insurance industry’s own research has shown that accident victims who hire experienced attorneys receive significantly higher settlements (up to 4x higher) and resolve their cases far more quickly than those who don’t. And there is no risk to hiring the best lawyer you can find because your consultation is always free and you’ll never be asked to pay anything up front or out of pocket. Your lawyer will only be paid if you win, and not until you are paid.
How do I choose a lawyer for my case?
There are specific questions you should ask before hiring an attorney to handle your case. They are:
- How much experience does the lawyer have in these types of cases?
- Does he or she specialize in this area of law?
- What is the lawyer’s track record when it comes to winning million-dollar settlements and verdicts
- Is the lawyer willing to go to trial if the defendant does not make a full settlement offer?How many 5-star reviews does he or she have?
Injured on someone’s property in Michigan and have questions about the elements of your premises liability case? Call our attorneys now for a free consultation!
If you are injured on someone’s property and Michigan and you have questions regarding the elements in your premises liability case call now and let attorneyTim Holland and the skilled team at our law firm 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 the 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.
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