Premises Liability Laws in Michigan: What to Do If You're Injured on Someone Else's Property

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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:

  1. 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.

  1. 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.

  1. 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:

  1. Duty of Care

The property owner owed you a duty of care appropriate to your status as an invitee, licensee, or trespasser.

  1. 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.

  1. 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.

  1. 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:

  1. 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.

  1. 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.

  1. Collect Witness Information

If anyone witnessed your accident, ask for their contact information. Their testimony could be valuable evidence if you pursue legal action.

  1. 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.

  1. 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.

  1. 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.

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Frequently Asked Questions

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 888-224-1239 today!

  • If a dog bites me, do I have a claim against the dog's owner?
    Yes. Under Michigan law, a dog owner must pay the damages caused by their dog biting someone. This is true even if the dog never exhibited any vicious or violent tendencies prior to the biting incident. Normally, the dog owner's homeowner's insurance carrier will pay the injured person's damages.
  • If I am involved in a boating accident, can I bring a lawsuit against the negligent boat operator?
    Yes. Boating accidents are more common than one might think, especially in Northern Michigan. Much like car accidents, an injured party is entitled to bring a lawsuit against a negligent boat operator. The same is also true if you are a passenger in a boat. You can bring a lawsuit against the boat operator if you are injured as a passenger. Like all personal injury actions, there are specific time limitations that could bar your claim. If you are involved in a boating accident and have sustained an injury, you should contact our firm immediately.
  • If I'm injured at work, what insurance benefits are provided by workers' compensation?
    If you are injured at work, the law requires your employer's workers' compensation insurance carrier to provide you with the following insurance benefits: 
    -The insurance company must pay all of your medical bills.
    -The insurance company must pay your wage loss if you cannot return to work. 
    -The insurance company must reimburse you for the miles you drive to and from your doctors' appointment.
    -The insurance company must pay to retrain you for a different job in the event you are injured so severely that you can never return to your job.
  • If I slip and fall on someone's property or within a store, can I recover damages for injuries I suffered?
    Yes, but only if the landowner was somehow negligent. Unlike auto cases where insurance benefits are provided regardless of fault, in premises liability cases, you must prove negligence to recover damages suffered in a slip-and-fall accident.
  • If I'm in a car accident, can I sue the at-fault driver for my vehicle damage?
    No, except for recovering up to $3000. Generally you cannot recover more than $3000 from the at-fault driver for your vehicle damage. This $3000 recovery is called a "mini-tort." In other words, even if the other driver is negligent and is 100% at fault for causing the crash, you can usually only recover $3000 for vehicle damage. This is why it is so important to purchase collision coverage for your vehicle through your own auto insurance company. If you have purchased collision coverage, your own auto insurance company will pay to repair the vehicle damage.
  • How long after an auto accident do I have to pursue a claim against the at-fault driver?
    Generally, you must file a claim against the at-fault driver within three years after the accident. However, there are exceptions and variations to this rule. You should contact our attorneys as soon as possible after an accident to discuss the issue.
  • If I am injured in a car accident, may I file a claim against the driver who caused the collision even though I have "no-fault"
    Yes. Michigan law permits an injured party to file a claim against a negligent driver. This type of claim is often referred to as a "third-party lawsuit." Under Michigan law, an injured party is entitled to bring a third-party lawsuit for non-economic damages (i.e., pain and suffering) if the injured person has suffered either: a serious injury, a serious and permanent disfigurement, or death. Additionally, in a third-party case you must prove that someone other than yourself was at-fault for causing the accident.
  • If I am injured in a car accident, and I am at fault for causing the accident, am I still entitled to receive insurance benefits
    Yes. Michigan is a "no-fault" auto insurance state. This means you receive insurance benefits even if you were at fault for causing the accident.
  • If I am injured in a car accident and don't have health insurance, will my car insurance company pay my medical bills?

    What about other things such as lost wages if I am unable to work?

    Most likely, yes.  Most auto insurance policies sold in Michigan provide “personal protection insurance” (PIP) benefits.  Under this PIP coverage, your car insurer must pay all of your accident-related medical bills up to the coverage limit amount.  Your auto insurer must also pay your wage loss if you cannot return to work.  It must pay up to $20 a day for someone to do your household chores if you are injured and cannot do them.  It must also pay “attendant care” benefits if you need supervision or nursing-type care because of your injuries.  After the 2019 amendments to the no-fault law, some drivers are allowed to opt out of purchasing PIP coverage.  However, most policies sold in the state still provide at least some PIP coverage.

  • If I am involved in a car accident, do I need to speak with an attorney?
    Yes. To begin, most attorneys will provide you with a free consultation, so it won't cost you anything to discuss your case. There are three reasons why you should speak to an attorney after an auto accident.