Michigan Premises Liability
Premises liability is a complex area of law that involves holding the possessors of property responsible for the injuries suffered by people who are on their premises. In Michigan, liability is determined through a mix of common-law rules and statutes that can be difficult to navigate.
If you have been injured while on another person’s property, such as in a slip and fall, you should contact an experienced premises liability lawyer right away to protect your ability to receive compensation for your injuries, including pain and suffering, medical expenses, lost wages and, in some cases, punitive damages that are aimed at punishing and deterring especially outrageous conduct.
At The Stroble Law Firm P.C., our team of experienced premises liability attorneys is skilled at evaluating premises liability claims and helping clients obtain the relief they deserve. Based in Bloomfield Hills, The Stroble Law Firm represents clients across Michigan, including Macomb County, Oakland County, Warren, Clinton Township, Sterling Heights, St. Clair Shores, Mount Clemens, Utica, Roseville, Troy, Farmington Hills, Waterford, Southfield, Pontiac, Birmingham Michigan, Rochester Hills, West Bloomfield and Bloomfield Hills. Call The Stroble Law Firm at (888) 454-0801, or contact us online for an evaluation of your claim.
Call us today at (888) 454-0801 or contact us online for an evaluation of your claim. If there is no recovery in your case, there is no fee for our services.
Who is the Possessor?
In a Michigan premises liability claim, the first step is to determine who should be held responsible for your injuries. A “possessor” of land is defined as a person who is:
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In occupation of land with intent to control it; or
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In occupation of land with intent to control it , if no other person has subsequently occupied it with intent to control it; or
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Entitled to immediate occupation of the land, if no other person is in possession as described in the two categories above.
Applying this definition, a possessor could include a home owner, business owner, landlord, tenant, church, school, club, stadium authority and many other individuals and businesses.
Invitee, Licensee or Trespasser?
The second step in a Michigan premises liability claim is to determine your status. A possessor owes varying duties of care to a person on their premises depending on whether the person fits into the following categories:
Trespasser
This is a person who goes on another’s premises without an express or implied invitation, for his or her own purposes, and not in the performance of any duty to the owner. If a possessor doesn’t know or have any reason to know the trespasser is on the premises, the possessor owes no duty to make the premises safe or warn of conditions on the premises. However, if the possessor knows of the trespasser’s presence, the possessor is bound to use ordinary care to prevent injury to the trespasser arising from active negligence. For example, a possessor may owe a duty to those known to regularly cut across their lawn or use a path on their land.
Licensee
This is a person who is invited to enter or remain on a premises for any purpose other than a business or commercial one, with the express or implied permission of the possessor. The possessor owes a duty to licensees if but only if:
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The possessor knew or should have known of the condition and realized that it involved an unreasonable risk of harm, and should have expected the licensee would have not have discovered or realized the danger; and
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The possessor failed to warn the licensee of the danger; and
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The licensee did not know or have reason to know of the danger.
Licensees can include social guests, as well as persons who are on the premises for their own purposes, such as salespersons, canvassers, churchgoers and people who have the possessor’s explicit or permission to be on the land, like neighbors taking a shortcut or using a pool, yard or driveway for sports activities.
As a general rule, police and firefighters are treated as licensees and cannot sue a possessor if they suffer an injury on the premises that arises from the normal, inherent and foreseeable risks of their profession. However, Michigan law does allow these public servants to bring a lawsuit where the possessor caused an injury through conduct that was grossly negligent, wanton or willful, intentional or of the type that would result in criminal charges.
Invitee
An invitee is person who is invited on the premises for the commercial benefit of the person possessing the property. The invitation can be express or implied. Shoppers are impliedly invited into a grocery store for their food purchases. Invitees are owed the highest duty of care and steps must be taken to protect an invitee from foreseeable risks as well as risks that the property possessor should know about through the exercise of ordinary care.
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More information: Slip & Fall Attorneys
Contact Us Today
Based in Bloomfield Hills, The Stroble Law Firm represents clients across Michigan, including Macomb County, Oakland County, Warren, Clinton Township, Sterling Heights, St. Clair Shores, Mount Clemens, Utica, Roseville, Troy, Farmington Hills, Waterford, Southfield, Pontiac, Birmingham Michigan, Rochester Hills, West Bloomfield and Bloomfield Hills. Call The Stroble Law Firm at (888) 454-0801, or contact us online for an evaluation of your claim. If there is no recovery in your case, there is no fee for our services.
