St. Clair County Premises Liability Lawyers

For instance, if icy sidewalks go untended during Michigan’s frigid winters, the owner may be held liable if someone slips and falls. Similarly, structural issues like broken stairs or uneven flooring can leave an owner liable for an accident. 

Michigan law also expects property owners to warn visitors of any dangers that are not immediately obvious. For example, if a landlord is aware of exposed wiring in a building but fails to alert tenants while awaiting repairs, the landlord could be held responsible for injuries. 

Negligence arises when an owner fails to fulfill their duty of care. This could include ignoring recurring maintenance issues or delaying safety inspections. If someone is injured due to the owner’s inaction, such as a child hurt by unsafe playground equipment at a public park, the victim has the basis for filing a premises liability claim.

Under Michigan premises liability law, visitors are categorized as invitees, licensees, or trespassers, which determines the property owner’s duty of care: 

• Invitees are individuals invited onto the property for business purposes, such as customers in a store. Owners owe them the highest duty of care.
• Licensees are social guests, and owners must warn them about known dangers. 
• Trespassers enter without permission, and the owner generally owes no duty, except to avoid intentional harm.

These distinctions are critical in determining liability when someone is injured on a property

Proving Negligence in a Premises Liability Claim

Every case is different, with its own unique dynamic. However, there are some basic principles that always apply in any personal injury case. These principles include: 

• Existence of duty: You need to demonstrate that the property owner owed you a duty of care. This starts by using the guidelines above regarding invitees, licensees, and trespassers. 
• Breach of duty: It must be shown that the owner did not act as a reasonable person would have given the situation. An example might be neglecting to salt icy walkways in a timely manner. 
• Causation: It’s not enough to show the defendant’s fault. You must show the fault is what caused your injury. This may mean calling upon medical experts to testify on your behalf, as insurance companies may seek to attribute your injuries to a pre-existing condition.
• Damages: Injured plaintiffs must demonstrate that they suffered damage from the accident and didn’t simply walk away unscathed. Medical records,  bills, or repair estimates are possible means of doing this.