Who is responsible for a premises liability accident?

The short answer: whoever had control over the property and a duty to keep it safe. But "responsibility" in premises liability cases is rarely a simple one-person answer. Depending on the circumstances, liable parties could include:

• Property owners — homeowners, landlords, commercial building owners
• Tenants or lessees — if they controlled and maintained the space where the injury occurred
• Property management companies — especially in apartment complexes or commercial buildings
• Contractors or maintenance companies — if a third party was hired to maintain the premises and created or ignored a hazard
• Government entities — if the injury occurred on public property (these cases have strict notice requirements and shorter deadlines)

Michigan law distinguishes between different types of visitors — invitees (like customers in a store), licensees (like social guests), and trespassers — and the duty owed to each is different. In most commercial settings, business owners owe the highest duty of care to their customers.

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Slip and fall cases are some of the most misunderstood in personal injury law. Just because you fell on someone else's property doesn't automatically mean they're responsible. To build a strong premises liability claim in Michigan, four elements generally need to be established:

• Duty of Care: The property owner had a legal obligation to keep the premises reasonably safe for you as a visitor.
• Breach of that Duty: They knew — or should have known — about the dangerous condition and failed to fix it or warn you.
• Causation: That breach directly caused your fall and your injuries.
• Damages: You suffered real, documented harm — medical bills, lost wages, pain and suffering.

The critical battleground in most slip and fall cases is notice — did the owner know about the hazard? Evidence that helps prove this includes:

• Incident reports filed with the property
• Surveillance footage (request it immediately — it gets overwritten fast)
• Maintenance logs or prior complaints about the same hazard
• Witness statements from people who saw the condition before or after your fall
• Photographs of the scene taken as close to the time of the incident as possible

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Absolutely — and in many ways, the law is especially protective of children. Michigan's strict liability dog bite statute applies regardless of the victim's age, and children are statistically among the most common and most seriously injured dog bite victims.

A few important points for parents:

• You, as the parent or legal guardian, would file the claim on your child's behalf.
• The statute of limitations is different for minors. In Michigan, the clock on a child's personal injury claim generally doesn't start running until they turn 18 — but acting sooner means better evidence and fresher witnesses.
• Injuries to children often involve the face and neck, which can require surgeries, leave permanent scarring, and cause lasting emotional trauma. These damages matter and deserve to be fully accounted for.
• Document everything: medical records, psychological counseling, school absences, and the impact on your child's daily life all factor into the value of a claim.

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Michigan has one of the strongest dog bite laws in the country — owners are held strictly liable, meaning you don't have to prove the dog had a history of aggression. If you've been bitten, here's what matters most in those first critical hours and days:

• Seek medical attention immediately. Dog bites carry serious infection risks, and a documented medical record is the foundation of your claim.
• Identify the dog and its owner. Get names, addresses, and confirm whether the dog is up to date on vaccinations.
• Document everything. Photographs of your wounds, the location, and any torn clothing — taken as soon as possible — tell a story that words alone can't.
• Report the bite to your local animal control authority. This creates an official record.
• Contact an attorney before speaking with the owner's homeowner's insurance. Insurance adjusters are trained to minimize payouts. You deserve someone in your corner first.

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A personal injury trial lawyer does far more than file paperwork. We:

• Investigate your accident and gather evidence
• Negotiate aggressively with insurance companies
• Build a compelling case backed by medical experts and specialists
• Go to trial when insurers refuse to offer fair compensation

Most lawyers settle everything — we're built to fight. With over 40 years of experience, Hamo Law goes the distance to make sure you're not left holding the bill for someone else's negligence.

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To win a premises liability case, you generally need to show four things:

• The owner had a duty of care to you as a visitor
• There was a dangerous condition on the property
• The owner knew or should have known about it
• That condition directly caused your injury

Evidence like photos, incident reports, surveillance footage, and medical records all play a role. An experienced attorney can help build the strongest possible case.

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The moments after a slip and fall matter more than you might think. Here's what to do:

• Seek medical attention immediately — even if you feel "fine"
• Report the incident to the property owner or manager and get it in writing
• Document everything — photograph the hazard, your injuries, and the surrounding area
• Get witness contact information if anyone saw what happened
• Don't give a recorded statement to insurance companies without an attorney

Acting quickly protects your health and your case.

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Premises liability is the legal principle that property owners are responsible for keeping their spaces reasonably safe for visitors. In Michigan, if you're injured on someone else's property — a store, a parking lot, a private home — because of a dangerous condition the owner knew about (or should have known about), you may have a valid claim. Common examples include:

• Wet floors without warning signs
• Broken stairs or uneven pavement
• Inadequate lighting in common areas

If a property owner's negligence caused your injury, you deserve to be made whole.

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Not always. Many cases are resolved through settlement, but we prepare every case as if it will go to trial. That preparation often puts us in a stronger position when negotiating with insurance companies.

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Seek medical treatment right away and document the injury if possible. Michigan law can hold dog owners responsible even if the dog has never bitten before. We help guide clients through this process and make sure their rights are protected.

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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.