- July 19, 2024
If you sustained injuries on another person’s property, the property owner or manager might be liable for the damages. Property owners are responsible for maintaining a safe space, and any failure could come back to haunt them. Whether the property is a shop, restaurant, park, or private residence, the owner should be held accountable for any negligence or carelessness that caused you or your loved ones harm.
Premises liability cases can sometimes be complicated, so you must understand how the legal process works if you are injured on another person’s property. We discussed everything you need to know in this blog, and you can contact Goodman Acker, P.C., at 248-286-8100 if you need legal representation. We are always available to listen to you and help you find a legal solution.
Why choose Goodman Acker, P.C., to represent you?
Premises liability cases can be tricky, with different defenses available to property owners. As a result, you shouldn’t handle your case alone but should retain the services of a reliable law firm like Goodman Acker, P.C. Our attorneys have spent decades representing premises liability claimants, and we have secured favorable outcomes. We understand the laws that affect premises liability cases and will use this knowledge and our skills to represent your interests and protect your rights. Call us to book a free case review.
Everything you need to know about premises liability cases
Premises liability cases revolve around the property owner’s duty to maintain a safe environment for legal occupants or visitors. Here’s everything you need to know about premises liability cases:
- Property owner responsibility: Property owners, or appointed managers, are responsible for their land and establishments. Whether that property is a restaurant, shop, or home, they must keep it safe for visitors. If there are any hazardous areas, the homeowner should fix and remove that danger or provide adequate warning about the potential risk. However, when someone gets injured, how that visitor enters the property could significantly impact whether or not the owner is responsible.
- Types of hazards: Different hazards, such as uneven floors, inadequate lighting, falling objects, and other such risks lead to premises liability cases.
- Types of premises liability claims: There are different types of premises liability claims. Some of them for which you can request compensation are slip-and-fall, dog or animal attacks, swimming pool accidents, junkyard injuries, amusement park injuries, and playground accidents.
- Visitor classification: To have a valid premises liability claim, you must be classified as a licensee or invitee, meaning you have a legal right to be on the property. If you are a trespasser, the property owner does not owe you a duty of care, and you cannot sue for compensation if you get injured while on their premises.
- Proving liability: To have a valid claim, you must establish the property owner’s liability. This includes showing that the owner owed you a duty of care, that there was a breach of that duty, that the violation caused your injury, and that you suffered damages.
- Defenses: There are defenses property owners can use to avoid liability, like comparative negligence, lack of knowledge of the hazard, and the open-and-obvious doctrine.
- Settlement and litigation: Premises liability cases are resolved through settlements or litigation. Our premises liability lawyer can help you negotiate a fair settlement or argue your case in court to get a favorable verdict.
- Statute of limitations: You have three years to file a premises liability case in Michigan, and the time starts counting from the accident date
How do children factor in?
Even though many of the same premises liability rules apply to children, the law provides extra protection for minors in some ways. Younger children do not have the same ability an adult has to judge whether or not a situation is safe. Whereas an adult who cannot swim would see a swimming pool as a danger, a toddler will not.
Likewise, an adult knows a rusted, broken car could break if someone climbs on it, but a child might only see an obstacle to climb. Because children lack this maturity of judgment, they are protected by law to an extent. Therefore, property owners must remove hazards that are accessible to children or make them completely inaccessible.
Were you injured due to a hazardous condition on a property? Contact Goodman Acker, P.C. now!
At Goodman Acker, P.C., we understand the impact an injury has on your life. We will work to hold a negligent property owner liable for the hazardous condition that harmed you and help you get fair compensation. Our initial consultations are free, so call us now at 248-286-8100 to schedule one.