Premises
Liability

If you’ve been injured in an accident, and you think you might have a personal injury claim, some of the first things you should think about are:

1. Where the accident occurred;
2. Who owns or possesses the property on which the accident occurred; and
3. Whether the owner or possessor of the property might have ultimately caused your injury by failing to provide you with an environment free of dangerous or hazardous conditions.

There are several additional factors you should consider in premises liability cases in order to establish that a property owner is liable for your injuries:

• Are You an Invitee of the Property Owner? Under Michigan law, there are different degrees of duty that a property owner owes to you depending on your status and whether you were on the property legally. If you can prove that the property on which the accident occurred was open for commercial or financial purposes, then you will be considered an invitee. Michigan law provides that the highest duty of care is owed to invitees. What this means is that a property owner must maintain and keep the premises in a reasonably safe condition and must take ordinary measures to protect invitees from known harms. Property owners must also warn invitees of any dangers they are aware of unless the danger is so open and obvious that a reasonable person in those circumstances would take care to avoid the hazard.
• Licensees, on the other hand, are those who are on another’s property with their express permission. Licensees are typically social house guests, and the owner or tenant generally is liable for injuries if they fail to recognize any risks of danger and fail to warn their guests.
• The third and final category of duty is that owed to trespassers. In Michigan, property owners usually do not owe a duty of care to trespassers unless the owner knows or should know of the trespasser’s presence.