If you were injured on someone else’s property in Michigan, you may be able to file a premises liability claim for compensation. Property owners and managers have a duty to maintain their premises in a safe condition for visitors. When they fail to fulfill that duty and someone gets hurt, they can be held responsible for the resulting injuries and damages.
Premises liability claims cover many situations, from slip and fall accidents in grocery store aisles to accidents caused by poor lighting or broken handrails. No matter where the injury happens, the same question applies: Did the property owner act reasonably to prevent harm?
Learn more about how premises liability claims work in Michigan below, and contact a Sterling Heights premises liability attorney for a free consultation if you’re ready to get started with your case.
What Is Premises Liability Law?
Premises liability law is a type of personal injury that holds property owners and managers responsible for maintaining reasonably safe conditions. The extent of that responsibility depends on the visitor’s legal status at the time of the injury.
Invitees
Invitees are people who enter a property for the benefit of the owner. For example, shoppers at a grocery store or guests at a hotel are considered invitees. Property owners owe invitees the highest duty of care, meaning they must inspect the property regularly and fix or warn about hazards they know or should know about.
Licensees
A licensee enters property for their own benefit, such as a social guest visiting a friend’s home. Property owners are required to warn licensees of known dangers, but they aren’t obligated to actively inspect for hazards.
Trespassers
Trespassers are those who enter a property without permission. In most cases, property owners do not owe them a duty of care aside from refraining from intentionally injuring them. However, there are other exceptions involving children. Under Michigan’s attractive nuisance doctrine, owners must take reasonable steps to secure features that could lure children, like swimming pools or abandoned machinery.
Who Can Be Sued Under Michigan Premises Liability Law?
Several parties can be held liable for a slip and fall or other premises-related injury, depending on the circumstances:
- Property owners: Whether residential or commercial, owners are primarily responsible for ensuring safe conditions.
- Property managers: If management companies or landlords fail to maintain safe premises, they can also be sued.
- Tenants or business operators: When a business leases property and controls the area where the injury occurred, it may share liability.
- Maintenance contractors: Companies hired to maintain a property may be responsible if their negligence contributed to the hazard.
- Government entities: Cities or municipalities may face liability for unsafe sidewalks and roads, though these claims follow stricter procedural rules and shorter filing deadlines.
In many cases, multiple parties share responsibility. An experienced premises liability lawyer can investigate to determine every source of potential compensation you’re entitled to.
What Are the Legal Elements of a Michigan Premises Liability Claim?
To win a premises liability case in Michigan, the injured person must establish four key elements: duty of care, breach of duty, causation, and damages. Each one plays a vital role in proving that the property owner’s negligence led to the injuries and damages in question. A premises liability attorney in Sterling Heights can help you navigate each of these elements effectively.
Duty of Care
Every property owner or manager has a responsibility to maintain reasonably safe conditions for lawful visitors. The exact level of care depends on whether the injured person was an invitee, licensee, or trespasser, as discussed above.
Breach of Duty
Once a duty exists, it must be shown that the owner failed to meet it. A breach can occur when they neglect to fix, inspect, or warn visitors about a dangerous condition. This could involve something like failing to clean up a spill or leaving ice untreated on a walkway, for instance. Your Sterling Heights premises liability lawyer will gather evidence to demonstrate how the property owner’s actions fell short of their legal obligations.
Causation
The injured party must demonstrate that the unsafe condition directly caused their injury. Proximate cause must also be established in premises liability cases.
Damages
Finally, you must show that the accident resulted in real, measurable harm. This includes financial losses and/or suffering a physical injury.
Contact a Sterling Heights Premises Liability Lawyer To Schedule a Free Consultation
Property owners across Michigan have a legal obligation to keep their premises reasonably safe for guests and visitors. When they fail to do so, victims have the right to pursue compensation for their injuries and financial losses.
A skilled Sterling Heights premises liability attorney at Khamo Law can investigate the cause of your accident and work to recover maximum compensation on your behalf. Our personal injury law firm offers free consultations and works on a contingency fee basis, meaning you pay nothing in attorney’s fees unless compensation is secured for you.
If you’ve been injured on someone else’s property, don’t wait to take action. Call our trusted premises liability lawyers in Sterling Heights today at (248) 466-0606 or complete our online contact form for a free case review and learn about your rights and options under state law.
Frequently Asked Questions
1. What is the main goal of Michigan’s premises liability law?
The law ensures that property owners take reasonable steps to protect visitors from dangerous conditions. If they fail to do so and someone is injured, the owner can be legally responsible for damages.
2. Does it matter if the property is public or private?
No. Michigan’s premises liability laws apply to both public and private property owners, including individuals, businesses, and government entities.
3. How long do I have to file a claim?
Generally, you have three years from the date of your injury to file a premises liability lawsuit under Michigan’s statute of limitations. Waiting too long can result in losing your right to compensation entirely. Consulting with a Sterling Heights premises liability attorney as soon as possible protects your legal rights.
4. What if I was partially at fault for my injury?
Michigan follows a modified comparative negligence law. You can still recover damages if you were less than 51% at fault, but your compensation will be reduced by your percentage of responsibility.
5. What kinds of evidence are useful in these cases?
Photographs of the hazard, witness statements, maintenance logs, and medical records are all valuable. The sooner this evidence is gathered, the stronger your claim will be.