Michigan Premises Liability Lawyer

What did the property owner owe you under Michigan law?

It depends on why you were there. Michigan sorts visitors into three groups, and each is owed a different level of care.

• Invitees are on the property for a business purpose, such as shoppers, diners and hotel guests. Owners must use reasonable care to protect them, including inspecting for hazards.
• Licensees are social guests. Owners must warn them about hidden dangers the owner knows about but need not inspect for unknown ones.
• Trespassers are owed the least. Owners generally must avoid willful and wanton misconduct toward them.

Most store, restaurant and hotel claims involve invitees. Many falls at a friend's home involve licensees, which makes it important to show what the homeowner actually knew.

Does an open and obvious hazard defeat a Michigan claim?

Not automatically. Michigan courts now generally treat the obviousness of a hazard as part of the question of whether the owner acted reasonably and how fault should be shared, rather than as an automatic bar.

That shift matters most in winter. A patch of ice in a parking lot may be visible, but an owner who could have salted it and chose not to may still be responsible. The jury can then weigh what the visitor could have done to avoid it. Each case still turns on its facts, and owners continue to argue that a careful person would have seen the danger.

How does shared fault reduce a Michigan premises award?

Your damages are reduced by your percentage of fault. If your share is more than 50 percent, pain and suffering is barred, but reduced economic damages remain available.

Imagine a shopper in a Grand Rapids store slips on a leaking cooler's runoff that staff had walked past for an hour. A jury values her pain and suffering at $120,000 and her medical and wage losses at $50,000, and it finds her 25 percent at fault for looking at her phone. She recovers $90,000 plus $37,500. At 60 percent fault she would recover only $20,000 in economic losses.

Which Michigan properties lead to premises claims?

Weather and crowds drive many of them. These are the settings we see most often.

Winter hazards

Lake-effect snow and long freeze-thaw seasons leave ice on walkways, steps and lots for months. Claims often focus on salting schedules, snow removal contracts and gutters that drip onto walkways.

Rental housing

Michigan law requires landlords to keep the premises and common areas fit for their intended use and in reasonable repair. Broken stairs, missing handrails and unlit hallways in apartment complexes can support claims based on that duty as well as ordinary negligence.

Casinos, stadiums and resorts

Detroit's casinos, tribal casinos across the state, sports venues and northern resorts draw large crowds. Spills, escalators, crowded entrances and parking structures produce falls. These properties keep extensive video, which should be requested right away.

Negligent security

When an assault happens in a parking structure or apartment complex, the owner may be responsible if it failed to respond reasonably to a known and specific danger. These claims are fact-specific and deserve a careful review on our premises liability page.

Can you bring a claim for a fall on public property?

Sometimes, but Michigan's governmental immunity law sharply limits these claims. Narrow exceptions exist for defective public buildings and for highways and sidewalks the agency must maintain.

These exceptions come with strict written notice requirements, often within 120 days, and the notice must describe the defect and the injury in detail. Michigan's recreational land use law also protects owners who let the public use land for free, limiting their liability to gross negligence or willful and wanton misconduct. Falls on trails, in parks and on undeveloped land need a close look. Our government property claims team handles the notice steps.

What should you do after a fall in Michigan?

1. Report the incident to the manager or landlord and get a copy of the report.
2. Photograph the hazard, lighting, signs and your footwear.
3. Get medical care and keep every record.
4. Send a written request to preserve video.

A dog bite on someone's property follows a separate Michigan statute, covered on our dog bite page. For broader state rules, see our Michigan injury overview. Our team offers a free case review, and you pay no fee unless we win.