Premises Liability Injuries In Michigan: Laws Explained
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In Michigan, if you suffered injuries on someone’s property because a property owner or manager failed to make the property safe or warn you of a known danger, an experienced premises liability attorney can help you recover the pain and suffering compensation and money damages you’re legally entitled to.
A seasoned Michigan attorney who specializes in premises liability accidents and has a strong track record of winning million-dollar settlements and verdicts can maximize the value of your case and get you the best possible settlement for your injuries in the shortest possible time.
The experienced and dedicated attorneys at Michigan Slip & Fall Lawyers, led by attorney Tim Holland, specialize exclusively in this area of law, have a proven track record of securing million-dollar settlements and verdicts, and take a client-focused approach.
What is a premises liability injury?
A premises liability injury is an injury that occurs on someone else’s property because the property owner failed to make the premises safe or inform visitors of any known dangers. It is called a premises liability injury because the owner of the property is liable for injuries caused by their negligence.
Common types of premises liability injuries
According to our experienced Michigan attorneys, the most common premises liability injuries include:
- Head and brain injuries – Concussion and Traumatic brain injury (TBI)
- Neck and spine injuries
- Physical injuries – Broken bones. Cuts and lacerations. Electric shock. Burns. Soft-tissue injuries (sprains, strains and tears)
- Psychological injuries – Anxiety. Depression. PTSD
- Fatal injuries – Wrongful death
What to do if you suffer injuries in a premises liability accident in Michigan
- Identify where and how you were injured
- Be ready to explain why you didn’t see the hazard
- Comply with all notice requirements
- File an incident report right away
- Be prepared to be blamed for the accident
- Document the scene, if possible
- Hire an experienced attorney
Identify where and how you were injured – You will need to identify exactly where you were injured and what caused your injury, in order to hold the property owner liable. An experienced attorney can help you to identify what the property owner did or failed to do. Keep in mind that time is of the essence as you want to preserve critical evidence.
Be ready to explain why you didn’t see the hazard – You should be prepared to explain why a “reasonable” person in your position was unable to avoid the hazard. Keep in mind that even if you’re paying attention while walking, there are dangers you simply can’t see.
Comply with all notice requirements – In Michigan, there are several important notice requirements to be aware of, including the (1) 120-day notice in cases involving a dangerous or defective condition of a public building and (2) the 6-month notice in cases where the defendant is the State of Michigan.
File an incident report right away – An incident report verifies that your injury did in fact occur. You must file a timely incident report to prevent the property owner from denying that the accident occurred.
Be prepared to be blamed for the accident – This is a very common strategy for property owners and their insurance companies, because they don’t want to pay for your injuries after a premises liability accident, even when they know they’re at fault. An experienced Michigan premises liability attorney knows how to stop the “blame game” and hold the negligent party accountable for your injuries.
Document the scene, if possible – If you are able to, consider doing the following: (1) Take photos and videos, (2) Get witness contact information, (3) Secure a copy of the incident report, and (4) File a preservation demand with any potentially at-fault party so that important evidence is not destroyed.
Hire an experienced attorney – You should always be represented by a skilled attorney before speaking with the insurance adjuster as they will try to get you to agree to a low-ball settlement. Do not sign any settlement agreement or other legal document without consulting your lawyer.
Who is liable for my injuries in a premises liability accident in Michigan?
In Michigan, to figure out who might be responsible for your injuries in a premises liability case, you need to determine the following:
- Who owns or manages the property, i.e., who is in possession and control of the property? – Property owners, business owners, landlords, property management companies, and governmental entities are all possible defendants.
- Which “duty of care” did the property owner or manager owe you? – The duty of care owed to you on someone’s else’s property depends on your legal status ((M Civ JI 19.01; M Civ JI 19.03), i.e., whether you are an “invitee,” “licensee,” or “trespasser.”
- Was this duty breached? – Did the owner or manager fail to “make the premises safe” or warn visitors about a hidden dangerous condition as required by Stitt v. Holland
Can I sue if I suffered an injury?
In Michigan, if you suffered an injury as a result of a dangerous condition on someone else’s property, you can hire a premises liability lawyer to sue the property owner if they breached his or her duty of care to you and their breach of duty caused your injuries. In a slip and fall case, you can seek compensation for pain and suffering, as well as reimbursement for medical bills (both past and future), lost wages, and any future economic losses.
About owners’ duty of care
In Michigan, property owners owe a “duty of care” toward individuals who enter their property. The specific responsibilities of the owner depend on the visitor’s status as an “invitee,” a “licensee,” or a “trespasser.”
- Invitee – An invitee is someone invited onto the property for the owner’s “commercial benefit” (M Civ JI 19.01). A typical example is a customer in a store. In Stitt v. Holland, the Michigan Supreme Court ruled that a landowner has a duty not only to warn invitees of known dangers, but also to make the premises safe. This includes the obligation to inspect the property and, depending on the situation, repair any hazards or provide warnings about discovered dangers. Stitt v. Holland Abundant Life Fellowship, 462 Mich. 591, 597 (2000).
- Licensee – A licensee is someone who enters the property for a purpose other than business or commercial reasons, with the express or implied permission of the property owner (M Civ JI 19.01). A common example of a licensee is a social guest in a private home. In Stitt, the Michigan Supreme Court stated that a landowner’s duty to a licensee is limited to warning of hidden dangers the owner knows or should know about, but only if the licensee is unaware of those dangers. The owner has no duty to inspect the property or take affirmative steps to ensure the premises are safe for the licensee. Stitt v. Holland Abundant Life Fellowship, 462 Mich. 591, 596 (2000).
- Trespasser – A trespasser is someone who enters the property without the owner’s permission. In Stitt, the Michigan Supreme Court held that a landowner owes no duty to a trespasser, except to refrain from causing harm through “willful and wanton” misconduct. Stitt v. Holland Abundant Life Fellowship, 462 Mich. 591, 596 (2000).
How long do I have to sue for injuries suffered in a premises liability accident in Michigan?
In Michigan, you have three (3) years from the date of a premises liability accident to file a lawsuit against a negligent property owner or manager for your injuries (MCL 600.5805(2)). If you fail to file within this three-year period (which is called the statute of limitations), your claim will be time-barred, and you will lose your right to sue.
If your accident involved a dangerous or defective condition in a public building or if the State of Michigan is going to be a defendant in your case, then you will need to comply with the following specific notice requirements – in addition to the statute of limitations:
- 120-day notice of intent to sue injuries sustained after a premises liability accident in Michigan when caused by a dangerous or defective public building (MCL 691.1406)
- 6-month notice of intent to sue the State of Michigan for a premises liability injury (MCL 600.6431(1) and (4))
Do I need a lawyer?
In Michigan, one of the most critical factors in securing a full and fair settlement for your injuries after a premises liability accident is your choice of attorney. This is one of the few elements of your case that is entirely within your control, and selecting the right lawyer can make all the difference in the outcome. The insurance industry’s own data shows that cases handled by experienced personal injury attorneys who specialize in Michigan premises liability law, and who have a proven track record of successful settlements and favorable trial verdicts, tend to result in much higher settlements compared to those managed by general practice attorneys or personal injury lawyers with limited experience in slip and fall claims. An attorney with specialized knowledge and a strong history in this area of law can maximize the value of your case, navigate complex legal challenges, and ensure that your rights are fully protected every step of the way.
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 suffered an injury 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.
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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.
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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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