Suffering an injury on someone else’s property can be a painful and overwhelming experience, especially if the accident was preventable. Michigan law provides protection for individuals injured due to unsafe conditions on another person’s property. Known as premises liability laws, these regulations hold property owners accountable for maintaining a safe environment to prevent harm to visitors.
If you've been injured on someone else's property in Michigan, understanding your rights and the next steps you should take is crucial.
What Is Premises Liability?
Premises liability refers to a property owner’s legal responsibility to ensure their premises are safe for visitors. If a hazardous condition exists on the property and causes an injury, the owner could be held liable under Michigan law. These cases often arise from accidents such as slips and falls, falling debris, unsafe building conditions, and more.
However, it’s important to understand that simply being injured on someone’s property does not automatically entitle you to compensation. The circumstances of the injury, your reason for being on the property, and the owner’s level of negligence all play a role in determining the outcome of your case.
Types of Visitors Covered by Michigan Law
Michigan law classifies visitors into three categories, and each is treated differently in premises liability cases:
- Invitees
These are individuals who are invited onto the property for the owner’s benefit, such as customers in a store or clients in an office. Property owners owe invitees the greatest duty of care, meaning they are responsible for inspecting and maintaining safe conditions and warning of any hazards.
- Licensees
A licensee is someone who is allowed onto the property but is there primarily for their own benefit, such as a social guest. Property owners must warn licensees of known dangers that are not obvious but may not be required to make regular inspections.
- Trespassers
A trespasser enters the property without permission. Property owners generally owe minimal duty to trespassers, except in cases of willful harm or when the trespasser is a child. For example, property owners may be liable for injuries to children if they fail to secure an “attractive nuisance,” such as an unfenced pool or abandoned equipment.
Common Examples of Premises Liability Cases
Premises liability cases can involve a wide range of injuries and hazardous conditions. Some of the most common include:
- Slip and Fall Accidents: Caused by wet floors, icy walkways, uneven surfaces, or loose carpeting.
- Unsafe Building Conditions: Structural issues, broken staircases, or malfunctioning elevators.
- Dog Bites and Animal Attacks: Injuries caused by dangerous or unrestrained animals on the property.
- Falling Objects: Injuries from items falling due to improper shelving, neglect, or unstable structures.
- Negligent Security: Criminal acts that occur because of inadequate lighting or lack of security measures in parking lots or apartment complexes.
What You Need to Prove in a Premises Liability Case
To successfully pursue a premises liability claim in Michigan, you must establish the following:
- Duty of Care
The property owner owed you a duty of care appropriate to your status as an invitee, licensee, or trespasser.
- Breach of Duty
The property owner failed to maintain their premises in a reasonably safe condition or did not warn you of a known hazard.
- Causation
The hazardous condition directly caused your injury. You must demonstrate that your injuries were a result of the property owner’s negligence and not simply an accident.
- Damages
You have suffered damages, such as medical bills, lost wages, or pain and suffering, as a result of the injury.
What to Do If You're Injured on Someone Else's Property in Michigan
If you or a loved one is injured due to unsafe conditions on someone else’s property, follow these steps to protect your legal rights:
- Seek Medical Attention
Your health comes first. Even if your injuries seem minor at the time, some conditions can worsen over time. Seeking medical care right away ensures your injuries are documented, which is crucial for your case.
- Document the Scene
If you are able, take photographs or videos of the hazardous condition that caused your injury. Include details such as the time, location, and weather conditions to create a clear record of the incident.
- Collect Witness Information
If anyone witnessed your accident, ask for their contact information. Their testimony could be valuable evidence if you pursue legal action.
- Report the Incident
Notify the property owner, manager, or landlord immediately. Ask for an official incident report if you’re injured in a public setting such as a store or business.
- Keep Records
Maintain a record of your medical bills, lost wages, and any communication with the property owner. Proper documentation strengthens your claim and ensures you are properly compensated for all damages.
- Consult a Premises Liability Attorney
Premises liability cases can be complex, requiring knowledge of both Michigan laws and the legal nuances of proving negligence. Consulting with an experienced attorney ensures your rights are protected and increases your chances of recovering fair compensation.
Why Legal Representation Matters
Premises liability claims often involve skeptical insurance companies or aggressive legal teams hired by property owners. Without strong representation, you may struggle to prove negligence or receive inadequate compensation for your injuries.
By working with an experienced Michigan attorney, you’ll gain access to expert legal guidance, skilled negotiation, and, if necessary, an advocate who isn’t afraid to take your case to court.
Traverse City Premises Liability Attorneys Ready to Help
Michigan’s premises liability laws are designed to protect individuals from preventable injuries on unsafe properties. If you’ve been injured, knowing your rights and acting promptly can make all the difference. Rest assured, you can get fair compensation and hold negligent property owners accountable.
For reliable and compassionate legal support, contact our skilled attorneys at Miller Embury PLLC today. As premises liability attorneys, we’re dedicated to helping you overcome this challenging situation. We understand the complexities of premises liability claims and will fight tirelessly to secure the justice and compensation you deserve.
Get the help you need right now. Reach out at (888) 224-1239 to schedule your free consultation.