Warren Premises Liability Lawyer

Warren Premises Liability Attorney

If you’ve been injured on another person’s property, there’s a chance you can seek compensation for the damages you’ve suffered. Michigan’s premises liability law exists to hold property owners liable for maintaining their property, and they can find themselves in trouble if they are found negligent in providing that maintenance. An experienced Warren premises liability lawyer can evaluate your case and help you recover the settlement amount you deserve.

Wigod & Falzon have been handling premises liability cases in Michigan for years, so we’re familiar with every step of the process. Whether it’s providing you with legal advice, negotiating with insurance companies on your behalf, or moving your case through trial in the Michigan court system, you can count on our skilled personal injury attorneys to facilitate moving through your premises liability claim.

Premises Liability Law in Michigan

Premises liability law protects people who are injured on another person’s property due to the presence of hazardous or unsafe conditions. It essentially holds property owners accountable for maintaining their property to prevent harm or injuries to any visitors. As of 2023, unintentional injuries were the third leading cause of death in Michigan, behind only heart disease and cancer. Premises liability law is in place to combat as many accidental injuries as possible.

In Michigan, winning a premises liability claim is all about proving negligence. That’s why it’s so important to begin documenting everything from the moment you sustain an injury and onward. Be sure to request copies of any reports, take pictures and videos of the scene of the accident, and collect any documents pertaining to economic losses, including medical bills and proof of lost wages.

The Michigan Supreme Court eliminated the “open and obvious” defense for property owners in 2023 through their rulings in Pinsky v. Kroger Co. of Michigan and Kandil-Elsayed v. F&E Oil, Inc. This means that even if a hazard was clearly visible, the property owner may still be liable for injuries if they failed to provide ample warning. By collecting evidence at the time of the accident, you can help prove that the property owner did not have the proper signage.

How a Lawyer Can Help

Once you file a claim, you enter negotiations with the at-fault party’s insurance company. A Warren premises liability lawyer can handle the negotiations and ensure you get a fair settlement amount. If you can’t reach an agreement, the case can go to trial to be resolved by a judge. Premises liability cases are typically seen in the Michigan District Court or Michigan Circuit Court, depending on the proposed settlement amounts.

Invitees vs. Licensees vs. Trespassers in Michigan Premises Liability Law

Under premises liability law, there are three types of visitors that exist on a property: invitees, licensees, and trespassers. Your status as a visitor dictates what rights you have and if the property owner owes you a duty of care, which can affect what you can do if you’re injured on the property.

Invitees refer to people that the property owner has invited onto the property for some lawful purpose. Business invitees include anyone who enters the premises to do business with the property owner, and public invitees include anyone who is simply present on the property. Licensees refer to people who are allowed to be on a property with the property owner’s consent, such as utility workers who are on-site to fix a plumbing issue.

Property owners can be held liable for any injuries to invitees and licensees if they fail to protect them from a property hazard. With invitees, property owners are required to inspect the property for any potential dangers before allowing anyone on the premises. Trespassers refer to anyone who enters a property without permission. Property owners typically do not have any duty of care to trespassers.

FAQs

Is Filing a Premises Liability Claim the Same as Filing for Negligence in Warren?

Premises liability claims fall under the larger category of negligence in terms of Michigan law. Negligence is defined as a person’s failure to use reasonable care that results in harm or injury to another person. Premises liability specifically deals with cases where a person is injured due to a hazardous condition of another person’s property.

Who Can I File a Case Against Under Michigan’s Premises Liability Law?

In Warren, Michigan, any property owner or manager can be at fault for premises liability claims. Stores and other businesses are commonly named in premises liability cases, including slip or trip and fall accidents, due to some hazardous condition present on the property without any adequate warning of danger. This can include broken stairs, loose rugs, wet or uneven floors, and more.

What Does Premise Liability Cover in Michigan?

Michigan’s premises liability law covers any situation where a person is injured on someone’s property due to hazardous or unsafe conditions. The presence of these conditions demonstrates the property owner’s negligence in terms of caring for the property, allowing victims to seek compensation for their injuries if they can prove that their injuries were a direct result of the property owner’s negligence.

How Do I File a Premises Liability Claim in Warren?

In Michigan, you typically have three years from the date of an incident to file a premises liability claim. However, it’s important to note that you have an extra hurdle to jump if the incident took place on public property. If you still plan to file a claim, you must first file a notice of intent with the proper government agency within 120 days of the accident.

Get in Touch With a Warren Premises Liability Lawyer to Start Building Your Case

If you sustained an injury due to another person’s or business’s negligence, it’s important to understand your next options. By working with a Warren premises liability lawyer, you can stay organized and build a strong case that earns you the maximum settlement amount. Contact our office and set up an appointment to discuss your case in depth with our talented legal team today.