July 22, 2019

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Premises Liability in Michigan

Detroit Premises Liability Law Firms

Accidents and injuries which occur on someone else’s property, as a result of dangerous conditions, fall under premises liability law. Property owners and those in control of a property can be held responsible for these injuries if they knew or should have known about the dangerous condition and failed to correct it in a timely fashion. 

Read on to learn about Premises Liability in Michigan.

Premises Liability Victims

Property and business owners owe the highest duty of care to invitees including customers, employees, and others who enter property that is open for a commercial purpose.

Licensees are those who have permission to enter property and can include guests, members of the household, salespeople, and others. Licensees can also hold property owners responsible for their injuries under certain conditions.

Adult trespassers can only hold a property owner responsible for hazards which were intentionally created to harm a trespasser, such as booby-traps.

Child trespassers are owed a higher duty of care than adult trespassers, especially in cases of hazards that are likely to attract children, such as swimming pools.

Landlords and Tenants

Michigan premises liability law specifically holds landlords responsible for keeping the leased premises and common areas in reasonable repair and in compliance with states and local health and safety laws.

Landlords can be held responsible for injuries to tenants caused by failure to uphold these duties, unless the dangerous conditions were actually caused by the tenant. Landlords cannot use the “open and obvious” defense in tenant slip and fall cases, but modified comparative negligence still applies, meaning that if the tenant was more than 50% to blame for their injuries the landlord will not be held responsible.

Open and Obvious

Property and business owners are not responsible for open and obvious hazards resulting in slip and fall accidents, in Michigan. This most often arises in cases involving snow and ice.

There are exceptions to the open and obvious rule. After reviewing the facts in your case, your Detroit personal injury attorney can determine whether the open and obvious defense will affect you.

Examples of Premises Liability

Premises liability covers a wide range of accidents and injuries. Examples include:

  • Slip and fall

  • Trip and fall

  • Fires resulting in injuries or death due to lack of fire escapes or safety equipment

  • Accidental drowning and near drowning

  • Trampoline accidents

  • Criminal attacks due to negligent security

  • Elevator and escalator accidents

  • Stairway accidents

  • Sidewalk, parking lot, and parking garage accidents

  • Construction accidents

  • Falling merchandise

  • Food poisoning

  • Playground injuries