FAQs

Who is liable if I am injured on someone else's property?

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.

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