A Guide to Premises Liability

Premises liability laws book for personal injury cases.

Premises liability law applies when a person suffers injuries while on someone else’s property. Premises liability claims often involve injuries caused by slip and fall or trip and fall incidents, negligent security, and injuries in swimming pools.

If you were injured on someone else’s property, you and your family might be entitled to compensation. Our lawyers can help you recover money for medical bills, lost earnings, pain and suffering, and loss of consortium.

A personal injury lawyer at Michigan Injury Attorneys can evaluate your claim, explain your options, and help you pursue the compensation you deserve.

What Is Premises Liability?

The basis of a premises liability claim is that landowners owe a duty of care to people who come onto their property. The specific nature of that duty depends on the relationship between the injured person and the landowner. When a person comes onto someone else’s land, they can be classified as an invitee, a licensee, or a trespasser. Different rights and duties apply based on why the person was there.

Guest Classification in a Michigan Premises Liability Lawsuit

Property owners owe a guest a different duty of care depending on why the guest was there.

  • An invitee is on the property at the invitation of the owner. The invitation may be express, like when a person is invited into someone’s home, or implied, like a store that is open to the public for business. The property owner has a duty of ordinary care to protect the safety of an invitee.
  • A licensee is on the property with the express or implied permission of the owner but is there for their own benefit. A property owner is liable for reckless or willful behavior that injures a licensee.
  • A trespasser comes onto the property without the owner’s permission. Property owners owe a limited duty to trespassers and are only liable for willfully, recklessly, or wantonly causing harm.

How to Win a Premises Liability Case

To win a premises liability case, you must prove:

  1. The property owner had a duty to the guest to keep the premises reasonably safe;
  2. The property owner violated their duty; and
  3. Someone was injured as a result.

Winning a claim generally requires that you prove there was an unsafe condition on the property, the unsafe condition caused your injuries, and the property owner was negligent.

When to Hire an Attorney

Premises liability is a broad area of the law, and you may be wondering whether you should hire a lawyer. Common situations that give rise to a claim include:

  • Slip and fall accidents;
  • Trip and fall accidents;
  • Negligent security;
  • Inadequate maintenance; and
  • Roller coaster accidents.

Even though these accidents may seem to have little in common with one another, they all require determining whether the property owner owed a duty to the injured person and what could have been done to prevent the injury.

You might have a premises liability claim if you were injured on someone else’s property. But proving the landowner’s duty and their role in causing your injuries is not always straightforward. Michigan Injury Attorneys can evaluate your situation, offer advice on how to move forward, work to negotiate a favorable resolution to your case, and represent you in court, when necessary.

What To Do If You Were Hurt on Someone Else’s Property

Suffering an injury on someone else’s property can be scary, and you may be unsure what to do next. Do your best to remain calm, then:

  • Take pictures. Document the dangerous condition that caused your injuries. Otherwise, the property owner can eliminate the dangerous condition, and it will be your word against theirs. The absence of warning signs can help prove negligence.
  • Identify witnesses. If there are witnesses to the accident, ask for their names and contact information. If there is an investigation, you will want other people who can explain what happened.
  • Seek medical treatment. Promptly seeking medical treatment will help the healing process and prevent your injuries from worsening. Having accurate medical records will improve the likelihood of a successful resolution to your claim.
  • Contact an attorney. The premises liability lawyers at Michigan Injury Attorneys fight to hold property owners accountable when they cause harm.

Contact a Premises Liability Attorney Today

Obtaining compensation after an injury can be challenging. The premises liability lawyers at Michigan Injury Attorneys can assess your situation, explain your options, and fight for the compensation you deserve.

Our lawyers have years of experience handling premises liability claims, and we know what it takes to get results. We have the ability to negotiate favorable resolutions to premises liability claims. But if we need to take your case to trial, we have the experience, resources, and expertise to fight for justice and win.

To learn more about what we can do for you, contact Michigan Injury Attorneys today to schedule your free, no-obligation consultation.

Categories: Premises Liability