Detroit Premises Liability Lawyer

Detroit Premises Liability Attorney

It is not unreasonable to expect a certain degree of safety whenever you find yourself in somebody’s home or in a place of business. You shouldn’t have to worry about whether or not you could be seriously injured due to the unexpected negligence of someone you have trusted to keep their property maintained. If the property owner fails to meet reasonable expectations, they could be open to legal action with the help of an experienced Detroit premises liability lawyer.

The team at Wigod & Falzon can use their knowledge and experience to help you fight back against negligent home, property, or business owners who fail to uphold their due diligence and responsibility for properly maintaining their premises. Whether it is an uneven sidewalk, an unmarked safety hazard, or a loose banister on the stairs, there are a number of ways you could suffer an injury from another’s negligent behavior.

What Is Premises Liability?

A premises liability case holds business owners, homeowners, and property owners accountable for any accidents or injuries that might occur on their property as a result of their negligence. Negligence is involved whenever you are able to legally demonstrate that the person who owns the location at which the accident occurred failed to act accordingly and inadvertently caused your accident.

For example, if there was a wet floor in a supermarket and nobody blocked off the area with a warning sign or bothered to clean it, it could be considered the owner’s fault if someone were to slip on that floor and hurt themselves. This is premises liability.

In Michigan, the statute of limitations for a personal injury claim due to premises liability is three years. Beginning from the date of your injury, you must gather the evidence you need, speak with a lawyer about the strength of your case, and file a claim for compensatory damages within that time frame. If you fail to file a claim three years from now, your case may be dismissed, and you will lose the opportunity to seek compensation.

Proving Negligence

Proving the existence of negligence in your case can be easier said than done. Even if you know that the property owner failed to warn you of a very real hazard that caused your injury, it is something else entirely. In order to demonstrate negligence in your case, you must be able to prove:

• The property owner in question owed you, as a visitor or customer, an expected duty of care.
• There was a hazardous problem on the property that posed a threat to everyone’s safety.
• The property owner was aware of the issue but did nothing to fix it.
• The owner’s failure to act led directly to your injury.

While negligence may be obvious, your attorney will help identify the specific ways that your injury was the result of another’s failure to provide safe premises.

Trespassers and Intruders

Generally, the protection of Michigan’s premises liability laws does not extend to trespassers, intruders, burglars, and other people who are illegally present on the property at the time of their accident. Property owners are not expected to exercise a duty of care towards trespassers, particularly since they may not be aware the trespasser is on their property in the first place.

Protection may extend to the trespasser only if the property owner intentionally harmed them or created a situation that was very likely to cause serious injury or death to anyone who came near it.

Examples of Common Premises Liability Cases

Any time someone is harmed on someone else’s property due to some form of negligent behavior, such as refusing to post a warning sign or not cleaning up a potential hazard, it may leave the property owner open to a premises liability claim. If you believe you have a strong premises liability case, you may want to consult with a premises liability lawyer who can tell you just how strong your case may be. Here are some common premises liability cases:

• Slip and fall. A sudden slip and a bad fall is one of the most common forms of premises liability incidents. These accidents can stem from a wet floor, uneven flooring, broken stairs, hazardous debris, loose carpeting, potholes, and poor lighting.
• Dog bites. Since a dog is considered the property of its owner, the dog’s owner is responsible for any damages that the dog may cause to you or your own property. In addition, if a dog attack happens on someone’s property, they may be held liable under premises liability, especially if the owner knew there was a dog, they were aware of the dog’s past aggressive behavior, and they failed to take any action to stop people from being hurt.
• Elevator accidents. People use elevators every day without incident, but when something does happen, the consequences can be disastrous. People have been seriously injured or even killed in the past because of a poorly maintained elevator. It is the responsibility of the property owner to ensure that their elevators are in pristine working condition at all times. Malfunctioning doors, poorly maintained cables, random mechanical failures, and poor signage can all cause devastating injuries.
• Swimming accidents. Swimming is a way to beat hot summer days. It is the pool owner’s responsibility, however, to prevent drowning and other accidents by posting lifeguards, posting warning signs, providing proper fencing, and maintaining potentially unsafe attractions like water slides or a diving board. If anyone is hurt at a pool, particularly a public pool, the owner could be found liable for it.
• Negligent security. Failing to provide proper security for a building can be seen as negligence on behalf of the property owner. Any injuries, thefts, or robberies that occur due to a lack of security measures could be seen as a premises liability situation. Security does not just mean hiring guards. It also means lighting up poorly lit areas, installing working cameras, fixing broken locks on doors and windows, and installing a security gate.
• Fire violations. Fire safety is paramount to a safe and secure building. Failing to adhere to basic fire safety protocols can lead to devastating consequences should a fire erupt in the building. The owner could be found liable for failing to maintain fire exits, not keeping up with fire alarm or smoke detector maintenance, overcrowding the building, not posting evacuation signage, or storing flammable materials in an unsafe manner.

These are just a few of the ways in which a person could fail to properly maintain their property and put you at risk. No matter what the circumstances of your injury, if it occurred on the premises of another person, you should have your case reviewed by an experienced Detroit personal injury attorney from Wigod & Falzon. Our team will review the circumstances of your claim and hold those responsible accountable.

FAQs

What Is the Premises Liability Law in Michigan?

The premises liability law in Michigan reflects the idea that property owners should be held responsible for any negligent behavior on their part that leads to someone being injured or killed on their property. It is the property owner’s responsibility to maintain a safe and secure environment for everyone who is legally present on their property, including visitors and customers alike. Failure to do so could open them up to legal action.

What Is the Statute of Limitations on Premises Liability in Michigan?

Since premises liability falls under personal injury, the statute of limitations for such a claim in Michigan is three years. Within three years, you need to fully develop your case, gather the evidence you need, consult with a lawyer, and file a claim for compensatory damages. If you cannot file your claim before three years are up, your case will likely be tossed out, and you won’t be able to seek damages for your claim.

What Is the Difference Between Premises Liability and Personal Liability?

The primary difference between premises liability and personal liability is who it applies to. Premises liability refers to unsafe conditions present on someone’s property, while personal liability refers to someone’s own actions that may have led to a negligent situation. You could be held personally liable for a car accident, a medical malpractice situation, or a product defect, among other things. Premises liability is all about property owners and the location they own.

What Is an Attractive Nuisance?

An attractive nuisance in terms of premises liability refers to something on your property that is considered fun and attractive to a child and might encourage a child to mindlessly trespass onto your property. A playground or a swimming pool are examples of an attractive nuisance. In these cases, you may be held liable for the actions of a trespasser if that trespasser is a child and they were injured on your property due to an attractive nuisance.

Hire Detroit Premises Liability Lawyer’s Team

Property owners are expected to adhere to basic safety precautions in the event that someone encounters a potential danger on their property. Failure to do so could open them up to legal action. The legal team at Wigod & Falzon can help you prove negligence on behalf of a property owner by helping you establish your case. We can help you fight back harder. Contact us to schedule a consultation.