Premises Liability Attorney in Michigan

Understanding Premises Liability in Michigan

Premises liability is an area of personal injury law that addresses certain injuries occurring on property owned, occupied, or controlled by another party.

Under Michigan law, the legal responsibilities of property owners and possessors can depend on several factors, including the injured person’s reason for being on the property, the nature of the alleged hazard, and the circumstances surrounding the accident.

A premises liability claim generally requires more than showing that an injury occurred on someone else’s property. The injured person must establish the applicable legal duty, a breach of that duty, and a connection between the breach and the resulting injuries.

Attorney Steven A. Lee helps individuals evaluate these issues and understand their potential legal options following a property-related accident.

Common Types of Premises Liability Accidents

Unsafe property conditions can contribute to a wide range of accidents and injuries.

Slip and Fall Accidents

Slip and fall incidents may involve wet floors, slippery walkways, uneven surfaces, or other hazardous conditions.

Whether a property owner may be responsible depends on the facts, including the applicable duty of care, the nature of the condition, and whether the property owner knew or should have known about the hazard when the law requires such notice.

Trip and Fall Accidents

Trip and fall injuries can occur because of damaged flooring, uneven sidewalks, loose carpeting, obstacles, or other conditions that create a tripping hazard.

A claim may require examining maintenance practices, the condition’s visibility, and the legal responsibilities of the person or business controlling the property.

Inadequate Property Maintenance

Poorly maintained stairs, broken handrails, deteriorating walkways, and other structural conditions can contribute to serious injuries.

Determining responsibility may involve reviewing maintenance records, inspection practices, prior complaints, and the circumstances surrounding the incident.

Falling Objects and Other Property Hazards

Injuries may occur when merchandise, fixtures, equipment, or other objects fall or become dislodged.

These incidents can raise questions about how items were stored, secured, or maintained and whether reasonable precautions were taken under the circumstances.

Negligent Security

Certain premises liability claims involve allegations that inadequate security contributed to a foreseeable criminal act.

These cases are highly fact-specific and may involve complex questions about foreseeability, the legal duties of the property owner or possessor, and the conduct of third parties.

Not every criminal act occurring on a property creates liability for its owner.

Where Can Premises Liability Accidents Occur?

Property-related injuries can happen in many different environments, including:

• Grocery stores and retail businesses.

• Restaurants, hotels, and entertainment venues.

• Apartment buildings and rental properties.

• Office buildings and commercial facilities.

• Parking lots, sidewalks, and pedestrian areas.

• Private residences and other residential properties.

The location alone does not determine whether a premises liability claim exists. The applicable legal duties and surrounding circumstances must be evaluated.

Understanding Property Owner Responsibilities

Michigan premises liability law distinguishes among different categories of people entering a property, including invitees, licensees, and trespassers.

These classifications can affect the duties owed by a property owner or possessor.

Invitees

Invitees generally include individuals entering property for certain business or commercial purposes, such as customers visiting a store.

Under applicable Michigan law, property possessors may owe invitees duties that include taking reasonable care regarding certain dangerous conditions.

Licensees

Licensees generally include individuals who have permission to enter property but are not there for a purpose that makes them invitees, such as certain social guests.

The duties owed to licensees differ from those owed to invitees and depend on the circumstances.

Trespassers

Trespassers generally enter property without permission or another legal right to be there.

Property possessors ordinarily owe more limited duties to trespassers, although exceptions and special rules may apply.

Because these distinctions can be important, an attorney can help determine which legal standards may apply to a particular accident.

How Is Negligence Established in a Premises Liability Case?

A successful premises liability claim generally requires evidence supporting several important elements.

These may include:

1. Legal duty: The responsible party owed the injured person a duty under applicable Michigan law.

2. Breach of duty: The responsible party failed to meet the applicable legal standard.

3. Causation: The alleged breach was a cause of the accident and resulting injuries.

4. Damages: The injured person suffered legally recognizable harm or losses.

Depending on the case, relevant evidence may include photographs, surveillance footage, witness statements, maintenance records, incident reports, and medical documentation.

Michigan law concerning premises liability has evolved through court decisions, including changes in how courts evaluate certain open and obvious hazards. The legal effect of a condition’s visibility depends on the applicable law and circumstances; it does not automatically resolve every claim.

What Compensation May Be Available?

When a premises liability claim is legally supported, an injured person may be able to pursue compensation for qualifying losses.

Depending on the circumstances, these may include:

• Medical expenses and rehabilitation costs.

• Lost wages and reduced earning capacity.

• Physical pain and suffering.

• Emotional distress and diminished quality of life.

• Other damages recoverable under applicable Michigan law.

The amount and type of compensation available depend on the evidence, the nature of the injuries, applicable defenses, and other legal considerations.

What to Do After an Injury on Someone Else’s Property

Taking appropriate steps after a property-related accident can help protect your health and preserve potentially important evidence.

Consider the following:

1. Seek medical attention. Obtain appropriate care and follow recommended treatment.

2. Report the incident. Notify the property owner, manager, or another appropriate person when possible.

3. Document the condition. Take photographs of the accident location and relevant hazards if it is safe to do so.

4. Identify witnesses. Obtain contact information from anyone who observed the incident or surrounding conditions.

5. Preserve records. Keep medical documents, expense records, photographs, and communications about the accident.

6. Seek legal guidance. Consider consulting an attorney before signing a settlement agreement or releasing legal claims.

Hazardous conditions may be repaired or changed after an accident, so preserving available evidence promptly can be particularly important.

Important Deadlines for Michigan Premises Liability Claims

Many Michigan negligence-based personal injury lawsuits are subject to a three-year statute of limitations.

However, different deadlines, notice requirements, and exceptions may apply depending on the circumstances, particularly when a government entity or certain specialized claims are involved.

Waiting too long may make it more difficult to preserve evidence or pursue an otherwise valid claim.

Consulting an attorney promptly can help clarify the deadlines applicable to your situation.

How a Premises Liability Attorney Can Help

Premises liability cases can involve complicated questions about property conditions, legal duties, and responsibility for an accident.

An attorney may assist by:

• Investigating the circumstances surrounding the injury.

• Identifying potentially responsible property owners, possessors, or other parties.

• Reviewing incident reports, photographs, and available surveillance footage.

• Evaluating maintenance records and witness statements.

• Examining the applicable Michigan legal standards.

• Assessing potential damages and available insurance coverage.

• Negotiating with responsible parties or pursuing litigation when appropriate.

With more than 35 years of legal experience, Steven A. Lee works to help clients understand their legal options and protect their interests throughout the claims process.

Speak With a Michigan Premises Liability Attorney

If you or someone you care about has been injured because of a potentially dangerous property condition, you may have questions about responsibility, insurance, and your legal rights.

Attorney Steven A. Lee provides experienced legal guidance to individuals dealing with premises-related injuries in Michigan.

Contact his office to request a consultation and discuss your circumstances.