Premises Liability Attorney in Grand Rapids and Ann Arbor Serving West Michigan and Washtenaw County

Premises Liability in Michigan: Understanding Your Legal Rights After an Injury at a Business, Public Space or Private Property

When you visit a business, public space, or private property, you expect it to be safe. However, unsafe conditions such as wet floors, broken stairs, or poor lighting can lead to serious injuries. If you’ve been injured due to a dangerous condition on someone else’s property, you may have a premises liability claim under Michigan law.

Our law firm helps injured victims in Grand Rapids and throughout West Michigan and Washtenaw County recover compensation for their medical bills, lost wages, and pain and suffering. Recent changes in Michigan law have made it easier for victims to pursue claims, particularly with the elimination of the “open and obvious” doctrine. Here’s what you need to know about premises liability cases in Michigan.

What is Premises Liability?

Premises liability refers to a property owner’s legal responsibility for injuries that occur due to hazardous conditions on their property. Property owners have a duty of care to ensure their premises are reasonably safe for visitors.

Common premises liability cases include:

• Slip and Fall Accidents – Unmarked stairs, Wet floors, icy sidewalks, or uneven surfaces can cause serious injuries.
• Trip and Fall Accidents – Hazards like loose carpeting, cracked pavement, or poor lighting contribute to falls.
• Negligent Security – Lack of security measures, such as broken locks or poor lighting, can lead to assaults or robberies.
• Falling Objects – Items falling from shelves in stores or construction debris can cause serious head injuries.
• Swimming Pool Accidents – Lack of safety barriers or improper maintenance can lead to drowning incidents.
• Dog Bites and Animal Attacks – Michigan has strict liability laws for dog owners whose pets bite or injure someone.

If a property owner knew or should have known about a dangerous condition but failed to address it, they can be held liable for injuries that result.

Michigan’s 2023 Change: Eliminating the “Open and Obvious” Defense

For years, Michigan property owners used the “open and obvious” doctrine as a defense in premises liability cases. This legal rule prevented injured individuals from recovering compensation if a hazard was considered obvious—meaning a reasonable person should have seen and avoided it.

New Law: A Major Victory for Injury Victims

In July 2023, the Michigan Supreme Court eliminated the “open and obvious” doctrine in two landmark cases (Kandil-Elsayed v. F & E Oil, Inc. and Pinsky v. Kroger Co. of Michigan). The Court ruled that property owners cannot automatically escape liability just because a hazard was visible.

Instead, Michigan now follows a comparative fault system, meaning:

• A jury determines how much responsibility each party holds.
• Even if a hazard was noticeable, the property owner’s negligence still matters.
• The injured person may still recover damages, even if they bear partial responsibility.

This ruling is a major win for injury victims because it prevents property owners from avoiding responsibility for dangerous conditions.

Who Can File a Premises Liability Claim in Michigan?

Your ability to file a claim depends on your legal status on the property:

1. Invitees – Customers, shoppers, and visitors to public spaces. Highest duty of care owed by property owners.
2. Licensees – Social guests or those visiting with permission. Property owners must warn of known dangers.
3. Trespassers – Those unlawfully on a property. Property owners generally have limited responsibility, except for protecting children from attractive nuisances (e.g., pools or abandoned structures).

What Compensation Can You Recover in a Premises Liability Case?

If you were injured due to unsafe property conditions, you may be entitled to compensation, including:

• Medical Expenses – ER visits, surgeries, rehabilitation, and ongoing treatment.
• Lost Wages – Compensation for time missed from work due to injuries.
• Pain and Suffering – Emotional distress, trauma, and reduced quality of life.
• Permanent Disability – If injuries lead to long-term impairment or disability.

In cases where gross negligence is proven, punitive damages may also be awarded

What to Do After a Slip and Fall or Premises Liability Injury

If you’ve been injured on someone else’s property, taking the right steps can protect your legal claim:

1. Report the Incident – Notify the property owner, manager, or landlord immediately.
2. Take Photos and Videos – Document the dangerous condition that caused your injury.
3. Get Witness Information – Statements from others can support your case.
4. Seek Medical Attention – Even minor injuries can worsen over time.
5. Do Not Sign Anything – Avoid making statements to insurance adjusters without legal advice.
6. Consult a Premises Liability Attorney – Attorney Aaron Israels can help you gather evidence, build your case, and fight for maximum compensation.

Why You Need a Michigan Premises Liability Attorney

With the elimination of the “open and obvious” doctrine, property owners and their insurance companies will fight harder to deny claims. That’s why having a skilled premises liability attorney is more important than ever.

Our law firm can:

– Investigate your case and gather critical evidence.
– Prove property owner negligence and establish liability.
– Negotiate with insurance companies for the best possible settlement.
– Take your case to court if necessary to fight for your rights.

Injured on Someone Else’s Property? Get a Free Consultation Today

If you or a loved one suffered injuries in a slip and fall, trip and fall, or other premises liability accident, you don’t have to fight alone.

The laws have changed in favor of injury victims, and you may be entitled to significant compensation. Let us help you navigate the legal process and secure the compensation you deserve.

– Call (616) 280-4303 Today
– Visit www.AaronUnderstands.com for a Free Consultation
– Proudly Serving Grand Rapids, West Michigan and Washtenaw County

Aaron Israels fights for West Michigan injury victims—because your case matters. This article is for general informational purposes only and should not be considered legal advice.