If you were injured on another person’s property in Michigan, you may be wondering who is legally responsible for your injuries. These accidents can happen anywhere, from a grocery store to a public park, and often raise complex questions about negligence and liability. Generally speaking, the property owner and potentially other parties, like a manager or maintenance provider, can be held legally responsible.
Learning more about how fault is determined in a premises liability accident can help you protect your rights and strengthen your claim as well. A premises liability attorney can investigate your accident and identify all potentially liable parties. Read on for more information, and contact a Troy premises liability lawyer for a free consultation today if you’re ready to get started with your claim.
How Premises Liability Works in Michigan
Premises liability refers to a property owner’s legal duty to keep their property reasonably safe for visitors. When this duty is breached, and someone gets hurt, the owner and other parties may be held accountable for the resulting damages.
Michigan law generally divides visitors into three categories:
- Invitees: People invited onto the property for a business purpose, such as customers in a store
- Licensees: Social guests and others who visit a premises with permission, but not for a business purpose
- Trespassers: People who enter a property without permission
Property owners owe the highest duty of care to invitees. This includes inspecting the property, warning visitors of hazards, and fixing dangerous conditions within a reasonable time. The duty to licensees is more limited, and owners typically only need to warn them of known dangers. Trespassers usually receive the least protection under Michigan law, except in special cases involving children.
Your Troy premises liability attorney can help determine which category applies to your situation and what duty of care was owed to you.
Determining Fault After a Premises Liability Accident in Michigan
To hold a property owner or other at-fault party liable for a premises liability incident, you must generally prove that:
- A dangerous condition existed on the property.
- The owner actually knew or should have known (for invitees) about it.
- They failed to repair or warn about the danger.
- You were injured as a direct result.
For example, if a grocery store knew about a spill and failed to clean it up promptly, they may be at fault if a customer slips and falls. However, if the spill occurred moments before the fall, proving negligence may be more difficult. A premises liability lawyer can gather evidence such as surveillance footage and maintenance records to establish fault.
Michigan’s Comparative Fault Statute
Michigan follows a modified comparative fault law that typically applies to these claims. This means you can still recover damages even if you were partly to blame, as long as your share of fault is 50% or less. Your compensation will be reduced by your percentage of fault.
For instance, if you were found 15% responsible for not watching where you were walking, your total award would be reduced by 15%. If you are 51% or more at fault, however, you may be barred from recovering compensation for your non-economic damages.
Contact a Troy Premises Liability Attorney for a Free Consultation Today
Determining who is at fault after a premises liability accident isn’t always straightforward. Property owners, maintenance companies, contractors, and other parties could share responsibility depending on the facts of the case at hand.
Contact a premises liability attorney from Khamo Law today at (248) 466-0606 or by reaching out online to set up a free consultation and learn about your best course of action.