Best Premises Liability Lawyers in Michigan

About Premises Liability Law in Michigan, United States

Premises liability law in Michigan covers the legal responsibility that property owners and occupiers have for injuries or accidents that occur on their premises. These laws are designed to ensure that property owners maintain safe environments for guests, customers, and sometimes even trespassers. When an individual is injured because a property was not kept reasonably safe, they may be able to pursue compensation for medical bills, lost wages, and other damages. Common premises liability cases include slip and fall accidents, injuries from falling objects, dog bites, insufficient security, and hazards such as icy walkways or broken stairs.

Why You May Need a Lawyer

Premises liability claims in Michigan can quickly become complex due to the need to prove negligence, the extent of responsibility, and the specifics of a property owner's duty to those on their land. You may need a lawyer if:

• You suffered an injury on someone else's property due to unsafe conditions.
• The property owner or insurance company denies responsibility for your injury.
• You are unsure of your rights or the value of your claim.
• Your claim involves significant medical expenses or lost income.
• You encounter difficulty gathering evidence or dealing with insurance adjusters.
• The property is owned by a business, government, or absentee landlord.

An experienced Michigan premises liability lawyer can help navigate the legal process, gather necessary evidence, negotiate with insurers, and advocate for your best interests if the case goes to court.

Local Laws Overview

Michigan’s premises liability laws are governed primarily by common law principles and statutory rules. Some key aspects include:

• Differentiation of Visitors: Michigan law distinguishes between invitees (guests, customers), licensees (social guests), and trespassers. Property owners owe the highest duty of care to invitees, a medium duty to licensees, and a limited duty to trespassers.
• Open and Obvious Doctrine: If a danger is "open and obvious," meaning the average person would notice it upon casual inspection, the property owner may not be held liable unless special aspects make the hazard unreasonable despite being open and obvious.
• Comparative Fault: Michigan follows a modified comparative fault rule. If the injury victim is found to be more than 50 percent at fault for their own injury, they cannot recover damages. Otherwise, their recovery is reduced by their percentage of fault.
• Time Limits: Michigan has a three-year statute of limitations for personal injury claims, including premises liability. This means you must file a lawsuit within three years of the date of the injury.
• Special Rules for Snow and Ice: Slip and fall cases involving natural accumulations of snow and ice often fall under the open and obvious doctrine, but there can be exceptions based on the specifics of the property and hazard.

Frequently Asked Questions

What is premises liability in Michigan?

Premises liability in Michigan refers to a property owner or occupier's legal responsibility for injuries that occur due to unsafe or hazardous conditions on their property.

Who can be held liable in a premises liability case?

Liability can fall on property owners, managers, tenants, businesses, or anyone responsible for maintaining the property where the injury occurred.

What do I need to prove in a Michigan premises liability case?

You must prove that the defendant owed you a duty of care, breached that duty by failing to address a hazard, and that this breach directly caused your injury and damages.

Does it matter if I was partly at fault for my injury?

Yes, Michigan uses modified comparative fault. If you are found more than 50 percent responsible, you cannot recover damages. If you are less than 50 percent responsible, your compensation is reduced by your percentage of fault.

Are property owners always liable if I'm hurt on their property?

No, not always. Owners are not liable if the hazard was open and obvious or if they exercised reasonable care to keep the premises safe. The specific circumstances of each case determine liability.

How long do I have to file a premises liability lawsuit in Michigan?

You generally have three years from the date of the injury to file a lawsuit. In cases involving government property, you must file a notice of intent to sue much sooner.

What are some common types of premises liability claims?

Common claims include slip and falls, trip and falls, injuries from broken stairs or railings, dog bites, swimming pool accidents, elevator and escalator incidents, and inadequate security leading to assaults.

How does the "open and obvious" rule affect my ability to recover damages?

If the hazard that caused your injury was obvious and could have been easily avoided, you may be barred from recovery unless special circumstances made the condition unusually dangerous.

What compensation can I recover in a Michigan premises liability case?

You may recover compensation for medical expenses, lost income, pain and suffering, emotional distress, and other losses directly resulting from your injury.

Do I need a lawyer to file a premises liability claim?

While not required, having a lawyer significantly improves your chances of successfully pursuing a claim, gathering evidence, and negotiating with insurers or opposing counsel.

Additional Resources

• Michigan Courts - For official court forms and information on filing civil lawsuits.
• State Bar of Michigan Lawyer Referral Service - Helps connect individuals with qualified local attorneys.
• Michigan Department of Licensing and Regulatory Affairs (LARA) - Provides guidance on property maintenance standards.
• Michigan Consumer Protection Division - For complaints related to unsafe premises in businesses and rentals.
• Local city or county building departments - For reports about code violations or unsafe building conditions.

Next Steps

If you or a loved one has been injured on someone else's property in Michigan, consider taking the following steps:

• Seek medical attention immediately and keep thorough records of your treatment.
• Document the scene of your injury with photographs and gather contact information for witnesses, if any.
• Report the incident to the property owner, manager, or relevant authority as soon as possible.
• Preserve any evidence, including clothing, shoes, or items involved in the incident.
• Consult with a knowledgeable premises liability lawyer to evaluate your case, understand your rights, and discuss options for pursuing compensation.

Taking prompt action can help protect your rights and improve your prospects for a favorable outcome in your premises liability claim.