When you visit a premises, whether for personal or business reasons, or rent an apartment, you expect the property to be safe and hazard-free. But this doesn’t always happen due to the carelessness or negligence of the owner. If you sustain an injury because of defective or dangerous premises, Michigan law allows you to file a premises liability claim.
However, some legal requirements must be met for a successful claim, which is where premises liability lawyers come in. At Goodman Acker, P.C., our Ann Arbor premises liability attorney understands Michigan premises liability law and will guide you in recovering compensation from a negligent property owner.
Call us at 248-286-8100 to schedule a free case evaluation.
At Goodman Acker P.C., we have decades of experience representing premises liability victims. We understand how injuries caused by hazardous conditions can impact your life, so we fight to ensure you do not live in financial hardship and get your life back on track. We also know that getting monetary compensation goes a long way to prevent debts from medical bills, so we do all we can within the law to get you a fair settlement.
In the decades we’ve served Ann Arbor and other parts of Michigan, we have won millions in settlements and verdicts for our clients. We have a 99% success rate and give our best to every case we handle. With us, you don’t have to worry about legal fees, as we work on a contingency fee basis. So contact us today at 248-286-8100 to learn how we can help you.
Premises liability arises when a person suffers injuries from an unsafe or defective condition on someone else’s property. Every landowner in Michigan must keep their premises in good and habitable condition. If they fail to do this, and the property falls into disrepair or the hazardous condition leads to an accident, the owner will be liable in a premises liability claim.
Different accidents can lead to a premises liability case. They include but are not limited to:
Other occurrences qualify as premises liability, and it is vital to determine who is at fault in these cases. Our premises liability lawyer in Ann Arbor can help you determine fault and commence the claims process.
While the law mandates property owners to keep their premises safe, not everyone injured on a property can file a premises liability lawsuit. Michigan premises liability law states that you must be on the premises legally, either as a licensee or an invitee, to be eligible for legal action.
A licensee is someone who has the property owner’s permission to be on the property, like a social guest or tenant. The landowner must warn licensees of a dangerous condition on the property if they know of it and the licensee is not likely to discover it. Also, a property owner is liable if they knew of the danger and failed to take measures to make the premises safer.
An invitee is someone with an invitation from the property owner to enter a property, usually for business purposes. So, if you shop in a mall or go to a bank for a transaction, you are an invitee. Like licensees, the landowner must warn invitees of a dangerous condition that the owner knows or should have known about and the invitee will likely not discover.
Trespassers are the third class of people who enter a property, and unlike licensees and invitees, they lack the implied or direct consent of the landowner. As such, they have the least level of care and, under Michigan law, do not have a valid premises liability claim since they trespassed on the property. However, there are exceptions to this.
First, if the property owner knowingly and intentionally created an unsafe condition to harm trespassers, the trespasser will likely have a valid claim. Second, children are not considered trespassers. Also, under the attractive nuisance doctrine, a property owner may be liable for an injury to a child if they know they have equipment or toys that will attract children who cannot appreciate the risk they face due to their age.
When pursuing compensation for injuries sustained from an unsafe condition on a property, you must be able to establish the property owner’s liability. To do this, you must prove the following:
You must establish that there was an unsafe condition on the property. What this amounts to differs from case to case and the type of premises. For example, in a residential property, it could be that the staircase lacked handrails or inadequate lighting, which caused you to trip and fall over an object.
Landowners have a duty of care to those who legally enter their property. This includes keeping the premises safe and putting up warning signs to let invitees and licensees know of any dangerous conditions that could harm them.
A breach of duty occurs when the property owner fails to uphold their duty of care. For example, if the property owner fails to maintain their escalator or fix a known defect, and it causes an accident, they breach their duty of care.
Causation is crucial in proving liability, as the defect must be the proximate cause of your injury to recover compensation. Using the escalator example, suppose there is a notice of the deficiency, and the escalator is not moving, but you ignore it and use it. If you tripped and fell, the defective escalator did not cause the accident or injury. This is because the escalator was not moving, and you ignored the warning that it was defective.
You must also show that you suffered damages due to the accident caused by the unsafe condition. Damages here refer to your injuries, like broken bones, spinal injury, head injury, etc., financial losses, and emotional and psychological harm. Once you prove damages, you will receive compensation for:
You may be entitled to other compensation types depending on your case facts. Our premises liability attorney in Ann Arbor will help you determine what you’re entitled to after examining your claim.
Most premises liability victims often have questions about the claims process and what it takes to hire a lawyer. The following are some of the frequently asked ones:
How much can I recover as compensation in a premises liability case?
The amount you’ll get depends on your case specifics, particularly the severity of the injury, recovery time, need for future medical care, etc. The amount could range from tens to hundreds or millions of dollars.
Is there a time limit to filing a premises liability claim?
In Michigan, the statute of limitations for premises liability claims is three years, and the date starts counting from the accident date. If you miss the timeline, your case will be statute-barred forever.
Can I still get compensation if I contributed to my injury?
Yes. Michigan is a comparative negligence state, so you can still receive compensation even if you contributed to your injury. However, your fault should not be more than 50%.
How will I pay my premises liability Lawyer?
Premises liability attorneys work on a contingency fee basis, meaning their payment is contingent on winning your case. Also, they only take a percentage of the settlement awarded.
These may not be your only questions; our attorneys will discuss your specific concerns in your initial consult.
Our legal team at Goodman Acker, P.C., performs several functions, including the following:
We will update you through the claims process on the progress of your case and answer any questions you have.
If you suffered injuries due to a property owner’s negligence, you have legal options, and we can guide you on what they are. We will not relent in our fight for you and will handle your case while you recover from your injuries. Contact Goodman Acker, P.C. today to book a free consultation. Call us at 248-286-8100.