Holding Negligent Property Owners Accountable In Michigan Premises Liability Cases

Last updated on January 30, 2025

In Michigan, property owners must keep their premises clear of known hazards that could potentially harm visitors. When they breach this duty and someone gets hurt, our attorneys at Logeman & Iafrate, P.C. can help hold them accountable. When you suffer an injury due to the negligence of a property owner, the emotional and financial toll can be overwhelming. We are here to help.

With over 60 years of combined experience, our attorneys provide free consultations, and you will not pay any fees unless we recover damages for you. We take on and win cases that other lawyers may consider too challenging, and we are prepared to go to trial to secure the compensation you need and deserve. Located in Ann Arbor, we practice across the entire state of Michigan, advocating for the rights of the injured.

Understanding Premises Liability Claims

Premises liability involves holding a property owner accountable for injuries that occur on their property due to unsafe conditions they should have addressed. In Michigan, property owners are required to ensure their premises are safe or to warn visitors of potential dangers. Failing to meet these responsibilities can lead to a premises liability claim if you are injured as a result. You can hold various parties liable, including private homeowners, commercial property owners and landlords, depending on where your injury occurred.

Premises liability claims can arise out of various situations, including:

• Slip and fall accidents on icy sidewalks that are unsafe. Frequently it is argued by the lawyers for property owners that there is no liability when the condition is open and obvious upon casual observation by a reasonable person.
• Construction site accidents causing serious personal injury.
• Dog bites and attacks. Dog owners are responsible for dog attacks even when there is no history of previous bites. Michigan law requires that all dogs are on a leash when in public.
• Falls due to defective conditions of the property.
• Fires and home explosions.
• Injuries from falling merchandise at big box stores.
• Injuries occurring at apartment complexes due to the failure to maintain the premises in a safe condition.

In Michigan, filing a personal injury claim can allow you to recover both economic and noneconomic damages. Economic damages cover medical bills, lost wages and lost earning capacity, while noneconomic damages might include compensation for pain and suffering, mental anguish and disfigurement or disability. Additionally, if a loved one has died due to negligence on someone else’s property, you may pursue a wrongful death claim to obtain compensation for lost companionship, funeral expenses, burial costs and loss of income.

What Is Duty of Care Under Michigan Law?

A landowner or business owner has a duty to maintain its property in a reasonably safe condition and to prevent the occurrence of foreseeable accidents, which may include the duty to warn of potentially dangerous conditions not readily observable to a prudent person. The duty to keep a property in a reasonably safe condition is not dependent on the Plaintiff’s status as an invitee, licensee, or trespasser, or upon whether the property is public or private.

What Is The Open And Obvious Doctrine And How Does That Affect My Claim?

A premises owner can avoid legal liability for injuries if the dangerous condition that caused those injuries was “open and obvious.” A danger is open and obvious if an average user with ordinary intelligence would have been able to discover the danger upon a casual inspection. This does not mean that a premises owner is not responsible for hazards that are open and obvious under all circumstances. The owner has a duty to exercise reasonable care to diminish known hazards, including those of ice and snow accumulation or if the condition is effectively unavoidable.

An unavoidable hazard is one where the visitor has no choice but to confront the hazard. An example would be where a parking lot was completely ice covered. Courts have also held that if the hazard is unreasonably dangerous (high likelihood of injury despite being an obvious danger), a property owner may still be liable to the accident victim. This would include an unguarded 20-foot hole or other dangerous condition of the land that is unacceptable given the high risk of injury.

What Are The Common Causes Of Premises Liability Accidents In Ann Arbor?

In Ann Arbor, premises liability accidents often occur due to various factors that property owners neglect. Common causes include slippery floors without proper signage, broken or uneven sidewalks and poorly lit staircases or hallways. During winter, uncleared ice and snow can pose significant risks, especially in parking lots and on walkways. Additionally, failure to address structural issues or to properly secure areas under construction can lead to accidents that could have been prevented with diligent property management.

What Are The Common Injuries In A Premises Liability Case?

A slip and fall or accident on someone’s property can lead to serious injuries that can quickly add up to expensive medical bills.

Most commonly, injuries include:

• Concussions
• Bone fractures
• Herniated and ruptured discs
• Torn ligaments and soft tissue injury
• Spinal cord injury
• Traumatic brain injury (TBI)
• Lacerations
• Shock injuries and burns

After your accident, you should seek medical attention as soon as possible, even if you do not notice symptoms of an injury right away.

How Do I Prove Negligence In A Premises Liability Case In Michigan?

To prove negligence in a premises liability case in Michigan, you must demonstrate that the property owner knew or should have known about the hazardous condition and failed to take appropriate action to mitigate the risk. This involves showing that the hazard was not temporary and that there was sufficient time for the owner to have addressed the issue. Collecting evidence such as photos of the hazard, witness statements and maintenance records can be crucial in establishing the property owner’s knowledge and the preventability of the injury.

What Is The Statute Of Limitations For Filing A Premises Liability Claim In Michigan?

In Michigan, you have three years from the date of the accident to file a premises liability claim. This statute of limitations is crucial to adhere to, as failing to file within this timeframe can result in the loss of your right to seek compensation. It is important to contact our premises liability attorneys promptly to ensure that you file your claim on time and that we can help you collect all the necessary evidence to support your case.

Let Us Help You Fight For The Compensation You Deserve

If you or a loved one has been injured on someone else’s property, do not wait to seek legal assistance. Call us at 734-228-4339 or fill out our online contact form today for a free consultation at our Ann Arbor law office. We handle cases on a contingency-fee basis, meaning you pay nothing unless we win your case.