Premises Liability vs Negligence In Michigan: What’s The Difference?
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 difference between premises liability vs negligence is that if a person’s injuries are related to a “dangerous condition” on the land, then it is a premises liability case. If there is no dangerous condition involved and the injuries result from the defendant’s conduct, then it will be a negligence case.
The attorneys at our law firm specialize in helping people with their premises liability claims when they are injured on someone’s property due to negligence. Michigan attorney Tim Holland and his experienced team of attorneys know how to plead premises liability and negligence and get maximum results, as evidenced by the multimillion-dollar settlements and verdicts they have recovered for their clients. Taking a client-focused approach, the team will fight to protect your legal rights and work diligently to get you the full compensation you deserve, including pain and suffering and economic money damages.
Is premises liability the same as negligence in Michigan?
In Michigan, a premises liability claim, which is a type of negligence claim, involves a person being injured by a dangerous condition on another person’s property. A negligence case, however, involves a person being injured by another person’s failure to act as a reasonably careful person would under the circumstances. Specifically, the two main differences between a premises liability claim and negligence claim in Michigan are:
A Michigan case will be treated as “premises liability” rather than “negligence” if the injury in question was caused by a dangerous condition on the land where the accident occurred.
In a Michigan premises liability case, the duty of care owed by the defendant arises from the defendant’s status as the “possessor” of the land where an accident occurred, whereas the defendant’s duty of care in a negligence case is the standard of care that applies to the activity the defendant was undertaking at the time of the accident. A defendant has the duty to use the level of care that a “reasonably careful person” would use under the circumstances. (M Civ JI 10.02)
Specifically, Michigan courts have held the following about the difference between premises liability and negligence cases:
-
“Michigan law distinguishes between claims arising from ordinary negligence and claims premised on a condition of the land. . . . If the plaintiff’s injury arose from an allegedly dangerous condition on the land, the action sounds in premises liability rather than ordinary negligence; this is true even when the plaintiff alleges that the premises possessor created the condition giving rise to the plaintiff’s injury.” Buhalis v. Trinity Continuing Care Services, 296 Mich. App. 685, 692, 822 N.W.2d 254 (2012).
-
“An ordinary-negligence claim may be brought ‘for the overt acts of a premises owner on his or her premises.’” Nathan v David Leader Management Inc., 342 Mich App 507, 513; 995 NW2d 567 (2022)
-
“A premises-liability action . . . does not preclude a separate claim grounded on an independent theory of liability based on the defendant’s conduct.” Pugno v Blue Harvest Farms LLC, 326 Mich App 1, 15; 930 NW2d 393 (2018).
-
“In a premises liability claim, liability emanates merely from the defendant’s duty as an owner, possessor, or occupier of land.” Laier v. Kitchen, 266 Mich. App. 482, 493, 702 N.W.2d 199 (2005)
-
In contrast, “[o]rdinary negligence claims are grounded on the underlying premise that a person has a duty to conform his or her conduct to an applicable standard of care when undertaking an activity.” Lymon v. Freedland, 314 Mich. App. 746, 756, 887 N.W.2d 456 (2016) citing Laier v. Kitchen, 266 Mich. App. 482, 493, 702 N.W.2d 199 (2005).
-
In Michigan, “unlike a claim of premises liability, a claim of ordinary negligence is based on the underlying premise that a person has a duty to conform his or her conduct to an applicable standard of care when undertaking an activity.” Jeffrey-Moise v. Williamsburg Towne Houses Coop., Inc., 336 Mich. App. 616, 624 (2021) citing Lymon v. Freedland , 314 Mich. App. 746, 756, 887 N.W.2d 456 (2016). (“Because plaintiff’s claim is based on defendant’s duty as the possessor of the land on which she fell and not on defendant’s ability to conform to a particular standard of care, we treat plaintiff’s claim as one of premises liability.”)
Is premises liability negligence based in Michigan?
In Michigan, a premises liability case is considered a type of negligence case. Both are based on the negligence principles of duty, breach, causation and injury. A premises liability case occurs when a property owner negligently fails to protect a visitor from a dangerous condition on the owner’s property.
Can I sue for both premises liability and negligence in Michigan?
In Michigan, you may be able to sue for both premises liability and negligence if you can show that you have two separate claims. The premises claim is based on a dangerous condition on the land and the defendant’s duty of care stems from his or her status as the “possessor” of the property where the accident occurred.
The negligence claim cannot be based on a “dangerous condition” on the land and the defendant’s duty of care is dictated by the activity that the defendant undertook that resulted in your injuries.
How do I win my lawsuit?
To win your premises liability lawsuit, you must prove the following: (1) your status relative to the property, i.e., whether you are an invitee, licensee or trespasser, (2) the owner had possession and control of the property, (3) a dangerous condition existed on the property, (4) the property owner owed you a duty of care, (5) the property owner breached the duty of care, (6) the breach of duty caused your injuries, and (7) you suffered injuries and damages.
What type of duty does a property owner owe me in Michigan?
The type of duty a property owner owes you in a premises liability or negligence claim depends on your “status” when you enter the property.
- If you were invited onto the property for the owner’s commercial benefit, you are an “invitee” and the owner must warn you not only of known dangers, but the owner must also make the property safe. Stitt v. Holland Abundant Life Fellowship, 462 Mich. 591, 597 (2000) An example of an invitee is a customer in a restaurant.
- If you were invited onto the property for reasons other than “business dealings” with the property owner, you are a “licensee” and the owner must warn you of hidden dangers. (M Civ JI 19.01). An example of a licensee is a social guest.
- If you were on the property without permission, you are a “trespasser” and the owner only owes you a duty to refrain from willfully or recklessly harming you.
Do I need a lawyer to file a claim?
In Michigan, hiring an attorney for a premises liability claim or negligence claim is not a legal requirement, but it can greatly enhance your chances of a successful outcome. An experienced lawyer who specializes in someone getting injured on someone else’s property will know how to navigate the complexities of your case, including gathering vital evidence, negotiating with insurance companies, and handling all necessary legal paperwork, so you can focus on your recovery.
It is important to note that time is of the essence in these types of cases. A lawyer can ensure that evidence is preserved before it’s altered or destroyed, which is crucial in these types of cases where hazardous conditions can be corrected before it’s possible to examine the property.
The sooner you seek legal assistance, the stronger your case will be. In fact, the insurance industry’s own data shows that individuals who hire experienced attorneys in this specific area of law typically receive higher settlements and resolve their cases more quickly than those who don’t. In addition, skilled lawyers in the area of law work on a contingency fee basis, meaning they only get paid if you win your case.
Attorney Tim Holland of Michigan Slip & Fall Lawyers is one of the most accomplished attorneys in the area of law in our state, with a proven track record of securing million-dollar settlements and verdicts. With over 200 cases handled, he has successfully helped clients receive the compensation they deserve for pain, suffering, and economic losses. His client-focused approach is also noted by his clients and their families.
Injured on someone’s property in Michigan and need legal help? Call our attorneys now for a free consultation!
If you are injured on someone’s property in Michigan, and need help determining if your claim is a premises liability claim or negligence claim call, call now for a free consultation. Tim Holland and the skilled team at Michigan Slip and Fall Lawyers will 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.
It is important to note that time is of the essence in these types of cases. A lawyer can ensure that evidence is preserved before it’s altered or destroyed, which is crucial in these types of cases where hazardous conditions can be corrected before it’s possible to examine the property. The sooner you seek legal assistance, the stronger your case will be. In fact, the insurance industry’s own data shows that individuals who hire experienced attorneys in this specific area of law typically receive higher settlements and resolve their cases more quickly than those who don’t. In addition, skilled lawyers in the area of law work on a contingency fee basis, meaning they only get paid if you win your case.
Attorney Tim Holland of Michigan Slip & Fall Lawyers is one of the most accomplished attorneys in the area of law in our state, with a proven track record of securing million-dollar settlements and verdicts. With over 200 cases handled, he has successfully helped clients receive the compensation they deserve for pain, suffering, and economic losses. His client-focused approach is also noted by his clients and their families.
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