What is Michigan's "open and obvious" doctrine and how does it affect slip and fall cases?

Michigan is one of the most protective states in the country for dog bite victims. Under MCL 287.351, a dog owner is strictly liable for injuries caused by their dog biting a person, regardless of whether the dog had ever bitten before or shown signs of aggression. There is no "one free bite" rule in Michigan.

To recover under the strict liability statute, an injured person generally must show:

• The dog bit them and caused injury.
• The victim was lawfully on public or private property at the time — including invited guests, tradespeople, postal workers, and people in any public place.
• The victim did not provoke the dog.

Beyond the statute, victims can also pursue common-law claims for negligence, dangerous-animal liability, and (in some cases) liability against landlords or other parties who knew about a dangerous dog and failed to act. Most claims are paid through the dog owner's homeowner's or renter's insurance, not out of pocket. Call 810-234-3667 for a free consultation.

Inadequate security claims are a form of premises liability based on a property owner's failure to take reasonable steps to protect lawful visitors from foreseeable criminal conduct. To hold an owner liable, an injured victim generally must show:

• Foreseeability. The crime was reasonably foreseeable based on prior incidents, the type of business, the surrounding area, or specific warnings the owner had received.
• A duty of care owed to the victim based on their status on the property (most often as an invitee — a customer, tenant, or guest).
• Breach of that duty, such as broken locks, burned-out lighting, missing or non-working surveillance cameras, untrained or absent security personnel, or ignored complaints.
• Causation — the security failure made the attack possible or substantially worsened it.
• Damages, including medical bills, lost wages, pain and suffering, and psychological harm such as PTSD.

Bars, nightclubs, hotels, apartment complexes, parking garages, and shopping centers are common defendants. Surveillance footage and prior-incident records disappear quickly, so prompt legal involvement is critical. Call 810-234-3667 for a free consultation.

For decades, Michigan's open and obvious doctrine often blocked premises liability claims when a hazard was deemed visible and apparent to an ordinary person. Property owners argued that an icy patch, a wet floor, or an uneven sidewalk was "open and obvious" and therefore not their problem.

That landscape changed significantly with the Kandil-Elsayed v. F & E Oil, Inc. (2023) decision, in which the Michigan Supreme Court overruled prior law. After Kandil-Elsayed:

• The open-and-obvious nature of a hazard no longer automatically defeats a premises liability claim.
• Whether a hazard was open and obvious is now treated as a comparative fault question for the jury, which may reduce — but not necessarily eliminate — recovery.
• Property owners still owe a duty of reasonable care to invitees, including a duty to inspect for and address known and discoverable hazards.

This shift makes Michigan slip and fall claims more viable than they were under the prior rule. Acting quickly to preserve photos, surveillance footage, and incident reports is still essential. Call 810-234-3667 for a free consultation.

In a premises liability case, the property owner or occupier may be responsible for your injuries if a dangerous condition on their property caused the harm. To recover compensation, you generally must show:

• Your legal status on the property. Michigan law treats invitees (such as customers in a store) with the highest duty of care, licensees (social guests) with a lower duty, and trespassers with the most limited duty.
• A dangerous condition existed. Common examples include wet or icy floors, broken stairs, poor lighting, uneven sidewalks, missing handrails, or inadequate security.
• The owner knew or should have known. The property owner either created the hazard, knew about it, or should have discovered it through reasonable inspection.
• Failure to warn or repair. The owner did not fix the hazard or warn visitors about it within a reasonable time.
• Causation and damages. The condition directly caused your injury and resulting losses.

Michigan recently changed its long-standing open and obvious doctrine, making it easier for injured visitors to recover even when a hazard was visible — though comparative fault may still reduce recovery. Acting quickly to document the scene, obtain witness information, and preserve evidence is critical to a successful premises liability claim.

Under the Michigan Wrongful Death Act, the claim is typically brought by the estate's personal representative on behalf of eligible family members — generally spouses, children, parents, grandparents, and siblings. Recoverable damages can include:

• Medical, hospital, funeral, and burial expenses tied to the incident and death.
• Conscious pain and suffering the decedent experienced between the injury and death.
• Lost financial support the decedent would have provided to the family.
• Loss of society and companionship, including guidance, care, and affection.
• Exemplary damages in appropriate cases for mental anguish and related harm.

Wrongful death claims can arise from auto, truck, and motorcycle crashes, medical malpractice, unsafe property conditions, dog attacks, defective products, and other negligent acts. Strict deadlines apply — contact an attorney promptly. Call 810-234-3667 for a free consultation.

The steps you take in the hours and days following an accident can have a major impact on both your health and your legal case. We recommend the following:

• Seek medical attention right away, even if your injuries seem minor — some symptoms appear days later, and prompt care creates a clear medical record linking the incident to your injury.
• Document the scene with photos and video of the location, any hazards, vehicle damage, visible injuries, and weather or lighting conditions.
• Get contact information for witnesses, and — in vehicle crashes — for other drivers and their insurance.
• Report the incident to the police, property manager, or other appropriate authority and request a copy of any report.
• Do not give a recorded statement to an insurance adjuster, and do not sign a release or settlement document, until you have spoken with an attorney.
• Preserve evidence, including damaged clothing, footwear, vehicles, or the product involved.
• Contact an experienced injury attorney before critical deadlines and evidence disappear.

Call 810-234-3667 to speak with Hamo Law Firm about your case.

Michigan's deadlines for filing a claim — known as the statute of limitations — vary depending on the type of case:

• Most negligence-based personal injury claims, including many auto, truck, motorcycle, premises liability, and dog bite cases, must be filed within three (3) years of the date of injury.
• Medical malpractice claims generally must be filed within two (2) years of the act or omission, or six (6) months from the date the injury was (or should have been) discovered, whichever is later — subject to an overall six-year cap in most situations.
• Wrongful death claims are generally governed by the statute of limitations that would have applied to the underlying injury.
• No-Fault PIP benefits and dram shop claims carry their own short written-notice requirements that can be as brief as 120 days.

Missing a deadline can bar your claim entirely. If you think you may have a case, contact an attorney as soon as possible. Call 810-234-3667 for a free consultation.

At Hamo Law Firm, we handle personal injury matters on a contingency fee basis, which means you pay nothing up front and owe no attorney's fees unless we recover compensation for you. Your initial case review is always free and confidential, so you can speak with an attorney about the facts of your case and your legal options without any financial risk.

This applies across all of our practice areas — automobile, truck and motorcycle crashes, medical malpractice, premises liability, dog bites, wrongful death, No-Fault disputes, and other serious injury matters. Call 810-234-3667 to schedule a free consultation.