Premises Liability
Lawyers

FAQs

• What is Premises Liability?

  Premises liability is a legal concept used to determine whether property owners are responsible when people are injured on their premises. A slip-and-fall due to dangerous conditions on the property is one type of premises liability case. Personal injury lawyers can investigate the circumstances and gather evidence to verify whether the property owner’s negligence caused the injuries.

  Michigan premises liability injuries may be related to (but are not limited to) the following events:

  • Slipping and falling
  • Snow and ice
  • Animal bites
  • Poor property maintenance
  • Unsafe or dangerous conditions
  • Building code violations
  • Swimming pool accidents
  • Amusement park accidents

  Michigan slip-and-fall accidents are one of the most common premises liability concerns. For this reason, we have included additional information regarding slip and fall injuries below.

• What are Slip and Fall Injuries?

  Injuries related to slips and falls can often be serious and sometimes fatal. The Centers for Disease Control and Prevention (CDC) reports that every 1 out of 5 falls causes a serious injury such as broken bones or a head injury.

  The team at Mike Morse Law Firm understands the pain and suffering an incident like this can introduce into your daily life. Physical injuries and medical bills can increase stress, which only adds to the challenge of seeking fair compensation for injuries caused by someone else. It can be overwhelming to navigate your way through the premises liability claims process, so Mike Morse Law Firm is here to help. Our premises liability lawyers have the necessary expertise to make the legal process easy and painless for you.

  If you or a family member was injured due to a slip-or-fall on someone else’s property, it is important to contact an experienced premises liability attorney as soon as possible. Mike Morse Law Firm’s injury lawyers can thoroughly investigate to determine whether there was negligence on the part of the property owner.

  Proof of the existing dangerous conditions at the time of the incident is valuable for a good defense. This evidence could be in the form of your shoes at the time of your slip and fall, photos, videos, witness statements, and/or incident reports. When we take on your case, our personal injury attorneys will work hard to build a strong case to get the compensation you deserve.

  Michigan law allows 3 years from the incident to file a premises liability claim. Also, if the accident occurs in a public place, such as on a sidewalk, notice must be given to the relevant government agency within 120 days. It is vital to get the right legal advice from an attorney who understands Michigan state law.

  Call us to talk to one of our premises liability attorneys and find out what is involved in the Michigan liability claims process.

• How to Determine a Liability For a Strong Case?

  Determining who is liable in a premises liability case can be complicated and depends on many factors. There are 4 vital facts that must be established to determine who is at fault:

  1. Who is the premises possessor?
  2. What is the possessor’s duty of care?
  3. What is the legal status of the victim?
  4. Was the hazard or unsafe condition ‘Open and Obvious’?

  Our premise liability lawyer has provided some helpful information below to help you navigate the answers to the questions above.

• Who is the premises possessor?

  In a premises liability case, we must first identify who possesses or controls the land in which the accident happened. Michigan law refers to this person as the ‘possessor.’ The possessor has the responsibility to provide a reasonably safe environment for those who visit the property.

  A property owner or landlord may be the possessor, but this term can also refer to the person who occupies the premises. For example, the owner of a large business complex may rent out spaces to businesses. The owner must maintain the areas of the premises that he or she controls, perhaps including an elevator. However, the business owner is liable for providing safe conditions in the rented space.

  Mike Morse’s legal team can thoroughly investigate who is responsible for the property where the accident occurred. Once we have identified the possessor, we can then look at what level of duty he or she owes property visitors.

• What is the possessor’s duty of care?

  A property owner has a legal obligation to make sure his or her property is safe so as to avoid injury or damage to those who visit the premises. This may include warning visitors of dangerous conditions and checking the premises for further risks. Duty of care is required of private, public, and business property owners. However, there are different degrees of duty depending on the legal status of the victim.

• What is the legal status of the victim?

  The legal status of the victim refers to that individual’s purpose of the visit at the time of the injury on the premises. In the State of Michigan, the legal status of the victim is separated into 3 categories. Each type of property visitor is owed a different level of duty from the possessor and is described as follows.

  Invitee: An invitee has expressed or implied consent to enter the premises. The purpose of the visit is for the benefit of the possessor, such as a patron in a store. The possessor has a duty to keep the property reasonably safe, warn invitees of any potential hazards, and check the premises for further risks.

  Licensee: Licensees have expressed or implied consent to enter the premises. They visit the premises for their own purposes. One example of a licensee is a salesperson or social guest. The possessor has a duty to keep the property reasonably safe and warn visitors of any unsafe conditions.

  Trespasser: A trespasser does not have consent to enter the premises. The possessor is unaware of the trespasser’s entry onto the property. There is no implied duty owed to a trespasser, but there are exceptions if the trespasser is a child. Generally, a trespasser injured on the property is not entitled to compensation.

  In premises liability cases, the status of the victim can greatly affect the outcome of the claim. It is essential to discern which status applies to you at the moment of injury. Our premises liability lawyers can help you identify what your legal status is and explain what your rights are under Michigan law.

• The Open and Obvious Doctrine and How It May Affect Your Claim

  The ‘Open and Obvious Doctrine’ is a defense to the premises liability claim. Property owners may reason that if the dangerous conditions were ‘open and obvious,’ the average person should be able to identify the risk and avoid the hazard. Although property owners have an obligation to keep their properties safe, they may try to use this doctrine to evade liability.

  The ‘Open and Obvious Doctrine’ can shift the full duty of care onto the individual. Our goal is to fight for your rights so that the right people are held accountable. Our premises liability attorneys will put their expertise to work for you. When disputing the ‘open and obvious doctrine,’ we aim to determine 2 important facts for a premises liability claim:

  1. Was there an ‘unreasonable risk of harm’ on the premises?
  2. Was the possessor aware of it, and if so, did he or she take reasonable steps to warn others?