Michigan Premises Liability Lawsuit Guide
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If you were seriously injured in a slip and fall or trip and fall accident, this Michigan premises liability lawsuit guide will help you protect your legal rights and understand the process for pursuing your claim for pain and suffering compensation and money damages.
Aside from getting prompt medical care and treatment, hiring an experienced attorney is perhaps the most important step you must take after you’ve been injured in a slip and fall accident.
An experienced Michigan attorney who specializes exclusively in premises liability law will have the know-how and skill to help you with your lawsuit so that you recover a winning settlement or trial verdict that reflects the full value of your case.
Fortunately, experienced attorneys are near you at Michigan Slip & Fall Lawyers. Attorney Tim Holland and his team of lawyers are arguably Michigan’s most successful and experienced in helping people injured in slip and fall accidents. They have recovered some of the largest slip and fall settlements in Michigan.
Call one of our experienced attorneys right now at (248) 254-8357 for a free, no-cost, no-obligation consultation. Let us help you get every penny you deserve!
What is a premises liability lawsuit in Michigan?
In Michigan, a premises liability lawsuit is filed when someone is injured due to unsafe conditions on another’s property. Property owners must keep their property safe and can be held liable for injuries like slip and falls, dog bites, or other hazards they failed to fix or warn about.
Under state law, the extent of a property owner’s duty of care to a slip and fall or trip and fall victim depends on the victim’s status relative to the property, i.e., whether the victim was an invitee, a licensee or a trespasser.
If the victim is an “invitee,” then the property owner “has a duty of care, not only to warn the invitee of any known dangers, but the additional obligation to also make the property safe, which requires the landowner to inspect the property and, depending upon the circumstances, make any necessary repairs or warn of any discovered hazards.” Stitt v. Holland Abundant Life Fellowship, 462 Mich. 591, 597 (2000). Michigan law defines an “invitee” as a person who has been invited on the property’s owner’s land for the “commercial benefit” of the property owner or in connection with “business dealings” with the property owner. (M Civ JI 19.01)
If the victim is a licensee, the property owner owes a licensee a duty only to warn the licensee of any hidden dangers the owner knows or has reason to know of, if the licensee does not know or have reason to know of the dangers involved. The landowner owes no duty of inspection or affirmative care to make the property safe for the licensee’s visit. Stitt v. Holland Abundant Life Fellowship, 462 Mich. 591, 596 (2000) A “license” is defined by Michigan law as a person who enters onto a property owner’s land “for any purpose other than a business or commercial one 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.
The victim “enters upon another’s land, without the landowner’s consent,” the victim is a trespasser and, thus, the property owner “owes no duty to the trespasser except to refrain from injuring him by ‘wilful and wanton’ misconduct.” Stitt v. Holland Abundant Life Fellowship, 462 Mich. 591, 596 (2000)
Who can I sue in a premises liability lawsuit in Michigan?
In Michigan, to determine who you can sue in a premises liability lawsuit, you’ll need to establish the following:
- Who is the property owner?
- What is the legal status of the victim, i.e., invitee, licensee, or trespasser
- What is the possessor’s duty of care?
- Was the hazardous condition “open and obvious?”
Typical defendants in premises liability lawsuits in Michigan include:
- Property owners – They are responsible for ensuring that their property is safe for visitors and patrons
- Business owners – They can be held liable for accidents that occur on their property, such as slip and falls, falling objects, or even assaults
- Property owners – They are responsible for ensuring that their property is safe for visitors and patrons
- Business owners – They can be held liable for accidents that occur on their property, such as slip and falls, falling objects, or even assaults
- Landlords – They can be held liable for injuries that occur on their property
- Property management companies – These companies can be held liable for injuries that occur on their property
- Government entities – In certain circumstances, they can be held liable for injuries that occur on their property
An experienced attorney can help you determine who is responsible and hold the at-fault party or parties accountable.
What Damages Can I Recover in A Premises Liability Lawsuit in Michigan?
In Michigan, the damages you can recover in a premises liability lawsuit include:
- Economic damages – Medical expenses, lost wages, loss of future earning capacity, and rehabilitation costs.
- Noneconomic damages – Pain and suffering, emotional distress, loss of consortium, loss of enjoyment of life, and disfigurement.
- Wrongful death damage – These will help cover medical, hospital and funeral expenses. They will also help pay for dependents’ loss of their deceased loved one’s financial support, society and companionship.
How to file a premises liability lawsuit in Michigan
In Michigan, there are several steps you need to take in order to file (and win) a premises liability lawsuit. These include:
Hire an experienced Michigan premises liability attorney to file the lawsuit – This will help ensure that your case is thoroughly built and timely filed, thereby maximizing your ability to secure a settlement that reflects the full value of your case.
Gather evidence and send notices of preservation – As part of the investigation, your lawyer will gather critical evidence and serve any potential defendant with a notice to preserve evidence, i.e., not to destroy it. Such evidence might include surveillance video, photos, witness statements, or incident reports.
Conduct discovery – Taking depositions from negligent property owners, managers and others, and securing evidence will strengthen your case.
File your case – Your case will be filed In the jurisdiction where your accident and injury occurred. In addition to filing your complaint, you have to serve the complaint on the responsible parties whom you have named as defendants in the case.
In Michigan, to win a premises liability lawsuit, you will need to prove each of the “elements” of a negligence claim, which are:
- Duty of care – Property owners or managers have a legal duty to keep their property reasonably safe based on the type of property, how it’s used, and your status as an invitee, licensee, or trespasser.
- Breach of duty – There must be a breach of this duty by the property possessor, i.e., he or she failed maintain the property in a reasonably safe manner or failed to warn of known dangers
- Causation – There must be a connection between the property owner’s/manager’s breach of duty and your injuries
- Damages – You must show that you suffered damages—like medical expenses, lost wages, pain and suffering, or other related costs.
How long after an injury can I sue?
In Michigan, you have three (3) years from the date of the accident to file your premises liability lawsuit. (MCL 600.5805(2)) If you fail to do so within this “statute of limitations” period, you will forever lose your right to bring your case.
But the statute of limitations may not be the only filing deadline that you have to comply with.
When the property owner you’re suing is a governmental entity in Michigan, you may be legally required to file a “notice” of your intent to sue within a specified period of time:
- If your slip and fall injury occurred as a result of “any dangerous or defective public building,” you must file a notice of intent to sue within 120 days of your slip and fall. (MCL 691.1406)
- If you intend to sue the State of Michigan for your slip and fall, you must file a notice of intent to sue within 6 months of your slip and fall. (MCL 600.6431(1) and (4))
This is why it’s so important to consult an experienced attorney as soon as possible after your accident.
Do I need to hire a lawyer?
While you are not legally required to hire a lawyer, it’s certainly in your best interests to do so.
A seasoned Michigan premises liability attorney will gather and preserve crucial evidence such as incident reports, photographs, surveillance videos, and witness statements, then build your lawsuit and negotiate the best possible settlement with the insurance company, while you focus on getting better.
It’s important to know that hiring an attorney right away after an incident can mean the difference between winning and losing your case. Engaging in discovery as soon as possible is more important in these cases than in most other types of personal injury cases. It is essential to document the hazardous condition that caused your injuries before it is removed or altered. A skilled lawyer will initiate the process needed to preserve key evidence and ensure compliance with any notice requirements, which can be as short as 120 days.
The insurance industry’s own research has shown that accident victims who hire experienced attorneys who specialize in this area of law and have a proven track record of success typically settle more quickly and for considerably more money (up to 4x times more) than those who hire attorneys who only dabble in these types of cases.
Best of all, there’s no risk in hiring an experienced Michigan premises liability attorney as these lawsuits are handled on a contingency basis, meaning the lawyer doesn’t get paid unless he or she wins your case. So, get the best attorney you can find!
Injured on someone’s property in Michigan and need help with your premises liability lawsuit? Call our attorneys now for a free consultation!
Injured on someone’s property in Michigan and need help with your premises liability lawsuit? Let experienced attorney Tim Holland and the skilled team at our law firm provide the support you need. With a proven track record of securing top settlements for slip and fall 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.
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?
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