Elements of a Michigan Premises Liability Claim

Slip and Fall Injuries

Injury

To succeed in a Michigan slip & fall or trip & fall claim, it is necessary to demonstrate damages. The accident victim must have evidence of a real injury, usually one that a physician confirms.

Causation or Proximate Cause

The victim also must prove that a dangerous condition on the property directly caused the fall and resulting injury. This legal requirement, known as causation or proximate cause, is based on simple logic. For example, if a property owner failed to remove ice from its parking lot, but there is no proof that ice caused an individual to fall, then the property owner can argue that he or she is not responsible for any injury.

For this reason, when our firm takes on a case, we commit considerable resources to investigating the accident site and obtaining witness testimony, medical records and other evidence, to establish the direct connection between the negligent action or omission and our client’s accident.

Negligence

Notice
Proving negligence under Michigan law may require evidence that:

The property owner actually knew, or reasonably should have known, about the dangerous condition, and,
The property owner had the ability and opportunity to correct the problem or warn of its existence, and,
The property owner negligently failed to do so.

This concept is known as notice or constructive notice. Even so, a property owner is not required to fix a hazard immediately. Instead, the law permits a reasonable amount of time to correct a dangerous condition.

These standards are further complicated by legal distinctions, based on the type of property where an injury occurred, and the reason for the victim’s presence on the property, as a licensee, invitee, or trespasser.

In some cases, it is difficult to prove how long a hazardous condition existed on a property. Establishing this element of the case can require considerable effort by a skilled lawyer.

If you or a loved one suffered an injury as a result of a Michigan slip and fall accident, talk with an experienced Michigan slip and fall lawyer. Please submit a simple, free and confidential legal consultation form now.

The Michigan Open and Obvious Doctrine
Even if a Michigan property owner had "notice" of a dangerous condition, it may try to use a legal defense called the "open and obvious doctrine" to escape responsibility. Years ago, the doctrine prevented slip and fall claims by individuals whose injuries resulted from their own carelessness.

Thus, it is important to get an experienced attorney, who can present the legal arguments necessary to prevent a property owner from using the “open and obvious defense” to evade responsibility.

Protect your rights. Get the Bernstein Advantage today.

Purpose on the Property
The reason that the injured person was on the property is an important factor in a premise liability case. The following are the legal terms used to describe the purpose for a victim being at the place where the injury occurred.

Invitee

A Michigan business owner owes a high duty of care to a customer, who is also known as an “invitee.” A landlord must use the same high level of care to protect a tenant. In either situation, the owner not only must warn the "invitee" of dangers, but also regularly and actively inspect its premises to identify defects, and take reasonably prompt steps to repair any potentially hazardous conditions.

Licensee

A Michigan property owner owes a lesser duty to a "licensee," who may be a social guest or someone else who is allowed on the property, but not invited for the owner's economic benefit. The owner only has to warn that visitor about dangers which the owner knew or should know about, but which the guest is unlikely to be able to see or avoid.

Trespasser

A Michigan property owner owes very limited duties of care to a “trespasser,” that is, a person who does not have permission to be on the property. However, the owner may have some obligations to a trespasser who is a child, when the owner or possessor of land knows or reasonably should know of the child's presence. Additionally, the owner or possessor of land cannot set a trap to try to cause injury to a trespasser.

Regardless of which legal category that you believe may apply to your situation, you should consult with our law firm to get a proper determination.

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