A slip and fall on someone else’s property does not automatically create liability in Michigan. Certain legal requirements, such as the dangerous condition and the circumstances surrounding the accident, must be met to hold the property owner liable. Understanding these requirements can help injured individuals assess their situation and determine what options may be available.
Premises liability framework in Michigan
Michigan property owners and possessors may owe a duty of care to visitors. When a dangerous condition on someone else’s property causes an injury, several factors may affect whether the property owner is legally responsible for the harm. These include:
- Visitor status: Michigan law classifies visitors as invitees, licensees or trespassers. The classification can affect the duty the property owner owed.
- Dangerous condition: The condition that caused the fall can help establish whether an unsafe condition existed on the property.
- Notice of the hazard: Evidence that a property owner knew or should have known about the condition may be important to a claim.
- Open-and-obvious doctrine: Michigan law may limit a property owner’s duty when a hazard is open and obvious. A hazard is generally open and obvious when a reasonable person would notice it. However, the owner may still be liable if the hazard could not reasonably be avoided or created a high risk of serious harm.
The severity of the injury may also affect the amount of compensation available after establishing liability. Serious injuries may require extensive medical treatment, rehabilitation or long-term care. They may also affect a person’s ability to work and live independently. These losses can factor into the damages sought in a premise liability claim.
Determining the next steps
Whether a property owner may be responsible depends on how these factors apply to the particular accident. An injured person can review the available evidence and seek legal guidance to better understand whether there may be grounds for a premises liability claim.