Michigan premises owners, including homeowners and building owners, owe a duty to keep their property in a reasonably safe condition and to protect visitors against unreasonable harm caused by dangerous conditions on the land.
Common premises cases
- Slip and fall incidents at stores, businesses, apartment communities and private homes caused by water, ice or other slippery substances
- Trip and fall incidents caused by uneven floors, hidden hazards, and defective sidewalks or flooring
- Construction site accidents caused by the negligence of general contractors or subcontractors
Your status on the property matters
The level of care a property owner owes depends on your status in relation to the owner at the time of the injury. Business invitees, such as store customers, are owed the highest level of care. Licensees, such as social guests, receive less protection than invitees but more than trespassers, who are owed little to no care.
Michigan premises liability law has changed in recent years and continues to develop. How these rules apply depends on the specific facts of your fall.
What is “notice,” and why is it important?
For a property owner to be held responsible, they generally must have had actual or constructive “notice” of the dangerous condition. This simply means the owner knew, or should have known, about the hazard before the accident happened. Establishing notice is often critical and can make the difference in the outcome of a case.
What to do if you are injured in a fall
- Seek medical attention promptly. Delaying treatment can make it harder to connect your injuries to the fall. Tell the doctor when, where and how you were hurt.
- Learn as much as you can about what caused the fall. If you can, take clear photographs of the area from several angles and distances.
- Get the names and phone numbers of witnesses, and note the conditions at the time — for example, a downspout discharging water onto pavement where it froze.
- Write down other details about the circumstances while they are fresh in your memory.
- Notify the owner or manager that you were hurt and how it happened. Do not, however, give a written statement or sign any documents.
- Do not talk to the owner’s or manager’s insurance representative before speaking with a lawyer.