George Hamo has been walking into courtrooms for over 40 years. In that time, he and his son Alex have seen just about every kind of accident a person can suffer. But there is something particularly unsettling about the cases that happen not on the highway or at a worksite, but inside an ordinary store, restaurant, or shopping center. These are places people go without a second thought. You are picking up groceries, grabbing a bite to eat, running an errand. You are not bracing for anything. And then, in a matter of seconds, everything changes.
We have represented clients who slipped on unmarked wet floors at major retailers, who were struck by falling merchandise from poorly secured shelving, and who were seriously hurt when automatic doors malfunctioned without warning. We handled a case involving a client injured at Menards when their automatic doors failed, causing a bad fall that led to surgery. These are not freak accidents. In most cases, someone knew there was a problem, or should have known, and nobody fixed it.
What Is Premises Liability Under Michigan Law?
Premises liability is the area of law that holds property owners and occupiers responsible when someone is injured due to an unsafe condition on their property. In Michigan, businesses that invite customers onto their premises have a legal duty to keep those spaces reasonably safe.
Michigan law classifies visitors into three categories, and the duty of care owed depends on which category applies:
- Invitees are people invited onto a property for a business purpose, such as customers at a store or diners at a restaurant. Property owners owe invitees the highest duty of care, including actively inspecting for and correcting dangerous conditions.
- Licensees are people who enter with permission but not for a business purpose, like a social guest. Owners must warn licensees of known hazards but are not required to inspect.
- Trespassers generally receive the least protection under the law, though Michigan does impose certain duties when children are involved.
The "Open and Obvious" Defense: What Michigan Businesses Will Try to Argue
What the Defense Means
One of the most common arguments you will hear from a business's insurance company or defense attorney is that the hazard was "open and obvious." Under Michigan law, property owners generally are not liable for conditions that a reasonable person would have noticed and avoided on their own. If a spill was clearly visible and in plain sight, the defense argues you should have seen it and walked around it.
When the Defense Does Not Apply
Here is what the insurance company will not tell you: the open and obvious doctrine has real limits. Michigan courts have recognized that even an open and obvious condition can still create liability when it involves what is called a "special aspect." That includes situations where:
- The risk of harm is unreasonably high despite its visibility
- The hazard is effectively unavoidable, meaning there is no reasonable way to go around it
- The dangerous condition exists at a point of entry or exit that you had no choice but to use
Proving Negligence: What Your Case Actually Needs
To succeed in a premises liability claim in Michigan, your case generally needs to establish four things:
- Duty: The property owner or business owed you a legal duty of care as an invitee.
- Breach: They failed to meet that duty by allowing a dangerous condition to exist.
- Causation: That breach directly caused your injury.
- Damages: You suffered real, documentable harm as a result.
The Notice Requirement
One of the most contested issues in these cases is notice. Did the business know about the hazard? Michigan law recognizes two types. Actual notice means someone at the business knew directly that the condition existed, perhaps through a complaint or a prior incident. Constructive notice means the condition had existed long enough that the business should have known about it through reasonable inspection.
This is why surveillance footage and maintenance records are so critical. A spill that had been sitting on the floor for 45 minutes without being cleaned is very different from one that appeared 30 seconds before you fell. The timeline matters enormously, and the evidence to support it starts disappearing fast.
What to Do Immediately After a Business or Store Injury in Michigan
How you handle the moments after an injury on someone else's property can have a significant impact on your case. Here is what we recommend:
- Report it immediately. Tell a manager or store employee before you leave and ask for a copy of the incident report. If they will not provide one, write down the name of who you spoke with and when.
- Document everything you can. Take photos and video of the hazard, your injuries, and the surrounding area. Note whether there were any warning signs present.
- Get the names of witnesses. Other customers or bystanders who saw what happened can be important to your case.
- Seek medical attention right away. Even if you feel like you can walk it off, see a doctor. Delayed treatment gives insurance companies ammunition to argue your injuries were not serious or were caused by something else.
- Do not give a recorded statement. The business's insurance adjuster may contact you quickly. You are not required to give a recorded statement, and doing so before speaking with an attorney can seriously hurt your claim.
- Contact a premises liability lawyer. The sooner we can begin investigating, the better the chance of preserving critical evidence before it is lost, erased, or claimed to be unavailable.
What Damages Can You Pursue After an Unsafe Property Injury?
A serious injury at a store or business can touch every part of your life. Depending on the facts of your case, you may be able to pursue compensation for:
- Medical expenses, including emergency care, surgery, physical therapy, and future treatment
- Lost wages if your injury kept you out of work
- Reduced earning capacity if you are unable to return to the same type of work
- Pain and suffering, both physical and emotional
- Emotional distress and loss of enjoyment of life
- Long-term care and rehabilitation costs in catastrophic injury cases
Michigan's Statute of Limitations for Premises Liability Claims
The Three-Year Window
Under MCL 600.5805, Michigan generally gives injured people three years from the date of the accident to file a premises liability lawsuit. Three years may sound like a long time, but evidence fades, witnesses become harder to locate, and businesses can claim their records are no longer available. The sooner your case gets started, the stronger it can be.
Exceptions Worth Knowing
There are situations where the standard deadline may be extended or altered:
- Minors: If the injured person is under 18 at the time of the accident, the statute of limitations may be tolled until they reach adulthood.
- Government-owned property: If the accident occurred on property owned by a city, county, or state entity, different notice requirements and shorter deadlines may apply. These cases require prompt action.
When a Trusted Place Turns Dangerous
We have sat across the table from enough clients in these situations to understand that the legal case is only part of what they are carrying. There is the physical pain, the medical bills piling up, the missed work, and the uncertainty about what comes next. We take all of that seriously. Our staff has been with us for decades. The relationships we build with clients tend to last long past the conclusion of their cases. That is just how we have always operated.
What we bring to every premises liability case is the same thing we have brought to more than 40 years of fighting for Michigan families: a thorough knowledge of the law, an unflinching willingness to challenge powerful insurance companies, and a genuine investment in the outcome. We are not a factory. We do not pass your file from desk to desk. When you call Hamo Law, you talk to an attorney.
Start Your Free Case Evaluation Today
If you or someone you love was injured at a store, restaurant, or business in Michigan, do not wait to find out where you stand. The sooner we can look at what happened, the sooner we can start protecting your rights and building a case that reflects what your injury has truly cost you.
Hamo Law
614 S. Grand Traverse Street, Flint, Michigan 48502
The information provided in this blog is for general educational purposes only and does not constitute legal advice or establish an attorney-client relationship. Case results mentioned are specific to those particular facts and should not be viewed as a guarantee of future outcomes. Laws regarding Michigan premises liability are subject to change. Please consult with a qualified attorney to understand your specific rights.
