What Is Premises Liability In Michigan?
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In Michigan, premises liability is the legal principle that property owners are responsible for injuries, harms, losses, and damages that are caused by a dangerous condition on their property. If you were injured on someone else’s property, an experienced lawyer can help you determine fault and get you the compensation and money damages you deserve.
The essence of these types of claims is whether the property owner owed you a duty, and whether that duty was breached. This involves proving that the property owner failed to make the premises safe and/or failed to warn about a dangerous condition on the property, and that the property owner’s failure caused you or a loved one to suffer injuries or death.
The experienced attorneys at Michigan Slip & Fall Lawyers can answer all of your questions and guide you through the process of filing a claim, protecting your legal rights and fighting to get you maximum compensation for your injuries. Attorney Tim Holland and his team specialize exclusively in this area of law and are arguably Michigan’s most successful and experienced premises liability attorneys, recovering some of the largest settlements for victims of slip and falls. They also take a client-focused approach, always returning phone calls and answering questions promptly.
What is a premises liability case in Michigan?
In Michigan, premises liability case is a legal claim filed by a person who was injured by an unsafe condition on someone else’s property. The injured party seeks compensation from the property owner for the injuries, harms, and losses that he or she suffered as a result of the dangerous condition for which the property owner was legally responsible.
In Michigan, the underpinning of a premises liability case is the legal principle that property owners owe certain duties to the people who enter onto their property, which may involve the property owner exercising “reasonable care” to protect visitors from a dangerous condition or merely warning visitors of the condition. If a property owner breaches this duty and an injury results, then the property owner may be held liable for the compensation and damages owed to the injured person.
Slip and fall and trip and fall accidents are the most common type of premises liability cases.
This type of case must be filed within three (3) years from the date of the injury. If your claim is not filed within this time frame – which is called the “statute of limitations” – you will permanently lose your right to seek compensation.
Most common injuries
The most common types of injuries in these types of cases are:
- Injuries to the eyes, nose, teeth and/or jaw
- Sprains, strains and tears
- Broken or fractured bones
- Spinal cord injuries
- Traumatic brain injuries
- Mental trauma
- Chronic pain
- Paralysis
- Death
Elements of successful claim
To win a premises liability case in Michigan, you will need to prove the following elements:
- A dangerous condition on the property caused your injury – Dangerous conditions include, but are not limited to: (1) ice or snow, (2) black ice, (3) wet and slippery floors and walkways, (4) damaged or broken sidewalks, walkways and parking lots, (5) broken or loose floor tiles, (6) damaged or broken stairs, (7) broken, damaged, unstable or loose handrails, and (8) violations of building safety codes.
- The property owner breached the duty of care that he or she owed to you concerning the dangerous condition – This means the owner owed you a “duty of care” to keep you safe or to warn you about dangerous conditions on the property, but the property owner “breached” that duty by failing to do what the law required him or her to do. (M Civ JI 19.01; M Civ JI 19.03; Stitt v. Holland)
- You were injured as a result of the property owner’s breach of duty – You will need to show that the property owner’s failure to protect you from the dangerous condition on the property – or at least to warn you about it, depending on the circumstances – resulted in you being injured.
What type of proof is needed to win a case?
The types of evidence you will need to win your premises liability case in Michigan include:
- Photos
- Videos
- Witness statements
- Expert witness testimony
- Accident reports
- Police reports
- Maintenance records
Owners’ duty of care
According to Michigan premises liability law, the “duty of care” that property owners owe to people who enter onto their property depends on whether the person is an “invitee,” a “licensee,” or a “trespasser.”
- Invitee – An invitee is someone who is invited onto the property to engage in “business dealings” with the property owner or otherwise for the owner’s “commercial benefit.” (M Civ JI 19.01). The classic example of an invitee is a customer in a store. In Stitt v. Holland, the Michigan Supreme Court held that a “landowner has a duty of care, not only to warn the invitee of any known dangers, but the additional obligation to also make the premises safe, which requires the landowner to inspect the premises 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)
- Licensee – A licensee is someone who enters onto the property “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 license is a social guest in someone’s home. In Stitt, the Michigan Supreme Court held that a “landowner 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 premises safe for the licensee’s visit.” Stitt v. Holland Abundant Life Fellowship, 462 Mich. 591, 596 (2000)
- Trespasser – A trespasser is someone who enters onto the property without the owner’s consent. In Stitt, the Michigan Supreme Court held that a landowner “owes no duty to the trespasser except to refrain from injuring him by ‘willful and wanton’ misconduct.” Stitt v. Holland Abundant Life Fellowship, 462 Mich. 591, 596 (2000)
What defines liability in a premises liability case in Michigan?
In general, liability means “legal responsibility” or “fault” for an accident. When liability is determined, the at-fault party may be required to compensate the victim for his or her injuries, harms, losses, and damages.
In a premises liability case in Michigan, liability means fault for an injury that occurred on someone’s property because of a dangerous condition, such as snow or ice, a slippery substance, a defective step, broken or damaged sidewalks and parking lots, or broken or loose floor tiles.
Injured on someone’s property in Michigan and need a premises liability lawyer? Call our attorneys now for a free consultation!
After a slip and fall accident, you do not have to face the challenges alone. Let experienced Michigan premises liability lawyer 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 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 Michigan slip and fall law 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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