What Are the Different Types of Premises Liability Accidents?

• January 7, 2025

Premises liability refers to a property owner's legal responsibility to ensure their property is safe for visitors. If hazardous conditions exist and someone gets hurt as a result, the injured parties may hold the property owner accountable for the injuries and losses. These cases often hinge on proving negligence, showing that the property owner failed to take reasonable steps to address or warn others of a dangerous condition. For individuals injured on someone else's property—or those grieving the loss of a loved one—understanding what the different types of premises liability accidents are can provide clarity when pursuing a claim.

Each type of premises liability case involves unique circumstances, legal requirements, and forms of negligence. Knowing these distinctions can play a significant role in holding the responsible party accountable and seeking compensation for medical expenses, lost income, and other damages. If you or a loved one suffered an injury on someone else’s property, contact a Detroit premises liability lawyer near you for a free consultation to discuss your legal options.

Slip, Trip, and Fall Accidents

Slip, trip, and fall incidents represent one of the most common types of premises liability claims. These accidents occur in a variety of settings and can result in significant injuries, from broken bones to traumatic brain injuries.

Common Causes

Several conditions can contribute to slip, trip, and fall accidents:

• Wet or slippery floors from spills, leaks, or recently mopped surfaces


• Ice or snow accumulation on walkways


• Uneven sidewalks or flooring


• Torn carpeting, loose rugs, or unsecured mats


• Poor lighting in stairwells or hallways

Where They Typically Occur

These accidents often take place in grocery stores, restaurants, apartment buildings, parking lots, and private residences. Public spaces like parks and government buildings can also be common locations.

Property Owner Obligations for Prevention

Property owners must routinely inspect their premises for hazards and promptly address them. For instance, a store manager should place warning signs near a wet floor and clean up spills quickly to prevent accidents.

Key Elements Needed to Prove Liability

To hold a property owner accountable for a slip, trip, or fall injury, you must demonstrate that:

• The hazardous condition existed on their property.


• They knew—or reasonably should have known—about the danger.


• They failed to take reasonable action to fix or warn about the issue.

Inadequate Security Incidents

Inadequate security cases arise when a property owner neglects their duty to protect visitors from foreseeable harm caused by third parties, such as assaults or thefts.

Definition and Scope

These claims involve property conditions that make it easier for criminals to target individuals. Poor security measures can create an environment where crimes are more likely to occur.

Examples

Inadequate security might include:

• Dim or non-functioning lighting in parking lots or stairwells


• Broken locks on doors or windows


• Lack of security cameras or personnel


• Poorly maintained fencing around a property

When Property Owners May Be Liable

A property owner could be held liable if they knew—or should have known—about security vulnerabilities and failed to address them. For example, if a landlord ignores repeated complaints about broken locks in an apartment complex, they may be responsible for a tenant’s injuries during a break-in.

Common Locations

These incidents frequently occur in parking garages, apartment buildings, shopping malls, and hotels.

Swimming Pool Accidents

Swimming pools can pose significant risks if property owners fail to maintain proper safety measures. These cases often involve unique legal considerations.

Types of Pool-Related Incidents

Common swimming pool accidents include:

• Drownings or near-drownings


• Slips and falls on wet surfaces near the pool


• Injuries caused by defective pool equipment, such as broken ladders

Special Obligations for Pool Owners

Property owners with pools must adhere to strict safety standards, including fencing requirements and proper maintenance of pool equipment.

Attractive Nuisance Doctrine

Under the attractive nuisance doctrine, pool owners may be liable if a child enters their property and suffers injuries, even if the child was trespassing. This doctrine recognizes that certain features, like swimming pools, naturally attract children who may not understand the risks.

Required Safety Measures and Barriers

Pool owners must install barriers like fences with self-locking gates and ensure their pool area is free from hazards.

Building Code Violations

Building code violations can create hazardous conditions that lead to severe injuries. These violations often strengthen liability claims by providing concrete evidence of negligence.

Common Violations Leading to Injuries

Examples of code violations include:

• Lack of proper handrails on staircases


• Faulty electrical wiring


• Failure to install smoke detectors or fire extinguishers


• Overcrowding in public spaces

Structural Defects and Maintenance Issues

Issues like crumbling stairs, rotting decks, or unstable railings can also lead to injuries. Property owners must perform regular maintenance to prevent these hazards.

How Code Violations Strengthen Liability Claims

Violations of local building codes serve as evidence that the property owner failed to meet minimum safety standards, making it easier to establish negligence.

Documentation Requirements

Photographs, witness statements, and records of prior complaints can help document building code violations and bolster your claim.

Elevator and Escalator Accidents

Malfunctioning elevators and escalators pose significant risks, especially in commercial buildings and public spaces.

Types of Mechanical Failures

Elevators may stall, drop suddenly, or close their doors improperly, while escalators can jerk abruptly or develop loose steps, leading to injuries.

Maintenance Requirements

Property owners must regularly inspect and maintain elevators and escalators to ensure they operate safely. Neglecting maintenance can create dangerous conditions.

Property Owner vs Manufacturer Liability

While property owners are generally responsible for maintenance, manufacturers can also bear liability if a defect in the design or production of the equipment caused the accident.

Common Injuries and Prevention

These incidents often result in broken bones, head injuries, or crushed limbs. Proper signage and routine inspections can help prevent accidents.

Falling Objects and Debris

Falling objects can cause severe injuries, particularly in construction zones and retail environments.

Construction Site Hazards

Tools, materials, or debris falling from heights on construction sites can seriously injure workers or passersby. Contractors and property owners must secure all items and use safety nets when necessary.

Retail Store Incidents

Improperly stacked items on shelves in stores can fall and injure shoppers. Store managers must ensure that displays and storage are safe.

Overhead Storage Risks

In warehouses or stockrooms, improperly secured overhead storage poses significant risks. Regular safety checks are necessary to prevent accidents.

Prevention and Safety Protocols

Installing proper shelving, training employees, and using protective barriers can reduce the likelihood of falling object injuries.

Dog Bites and Animal Attacks

Dog bites and other animal attacks often fall under premises liability if the property owner fails to control their pets or tenants’ animals.

Property Owner Responsibilities

Property owners must ensure their pets are properly restrained to prevent attacks. In some cases, they may also be responsible for injuries caused by tenants’ pets.

Landlord Liability for Tenant’s Pets

Landlords could be liable if they knew a tenant’s pet was dangerous and failed to take action, such as requiring the tenant to remove the animal.

State-Specific Laws

In Michigan, dog owners are typically held liable for bites unless the victim was trespassing or provoking the animal. These laws help protect victims seeking compensation.

Prevention Measures

Securing fences, leashes, and warning signs can help prevent animal attacks on a property.

Toxic Exposure

Toxic substances on a property can lead to serious, long-term health issues for visitors or tenants.

Common Substances

Hazardous materials like asbestos, lead-based paint, mold, and chemical leaks are often involved in toxic exposure cases. These substances can cause respiratory issues, neurological damage, or even cancer with prolonged exposure.

Property Owner's Duty to Warn

Property owners have a legal obligation to inform tenants, workers, or visitors about known hazards. For instance, landlords must disclose the presence of lead-based paint to tenants and take steps to mitigate exposure.

Long-Term Health Implications

Toxic exposure often results in chronic health conditions that require ongoing treatment, leading to significant medical expenses and a reduced quality of life. Victims may also face challenges in proving that their illness directly resulted from exposure on a specific property.

Documentation Requirements

To strengthen a toxic exposure claim, victims should gather evidence such as medical records, environmental test results, and photographs of the hazardous conditions. Expert testimony may also be necessary to link the exposure to the illness.

Types of Compensation an Attorney Can Help You Obtain

Premises liability accidents can result in financial strain and other damages. Compensation may be available for:

• Medical Expenses: Covering costs for treatment, rehabilitation, and any ongoing care needs.


• Lost Wages: Reimbursing income lost due to time off work during recovery.


• Pain and Suffering: Accounting for physical pain and emotional distress the injury caused as well as the effect on the victim’s life.


• Property Damage: Covering costs if personal property was damaged during the incident, such as broken glasses or phones.  


• Future Expenses: Accounting for long-term care needs or loss of earning potential if the injury leads to permanent disability.  

A Detroit premises liability lawyer can help calculate the full scope of your losses and pursue a settlement or judgment that reflects your damages.

Steps to Take After a Premises Liability Accident

Taking immediate action after a premises liability accident can protect your right to compensation.  

At the Accident Scene

1. Report the Incident: Notify the property owner, manager, or relevant authority about the accident. Request that they document the incident.  


2. Gather Evidence: Take photos or videos of the hazardous condition and the surrounding area. Collect witness names and contact information.  


3. Seek Medical Attention: Even if injuries seem minor, get checked by a medical professional. Documentation of your injuries is vital for your claim.  

While Recovering

If you’re in the hospital or recovering at home, you can still strengthen your claim:  

• Keep Records: Maintain copies of medical bills, injury reports, and correspondence with the property owner or their insurer.  


• Follow Medical Advice: Consistently attending medical appointments and adhering to treatment plans shows the extent of your injuries.  


• Contact an Attorney: An attorney can communicate with the at-fault party’s insurer on your behalf, allowing you to focus on healing while protecting your rights.  

The Injury Claims Process

A premises liability claim typically follows these steps:  

1. Initial Investigation: Gathering evidence to build your case.  


2. Filing a Claim: Notifying the at-fault party’s insurance company of your injuries.  


3. Negotiations: Attempting to reach a settlement that fairly compensates for your losses.  


4. Litigation (if necessary): If the insurer denies liability or offers an inadequate settlement, filing a lawsuit may be required.  


5. Resolution: Settling the case through negotiation or receiving a court judgment.  

Each case progresses differently, depending on the facts, injuries, and willingness of the insurance company to resolve the claim fairly.

Legal Considerations

Premises liability claims in Michigan are subject to specific legal rules that may impact your case. 

Statute of Limitations

Michigan law generally requires filing a premises liability lawsuit within three years of the accident. Missing this deadline can result in losing your right to recover damages.  

Comparative Fault

Michigan follows a comparative fault system, meaning your compensation could be reduced if you are partially responsible for the accident. For example, if a jury finds you 20% at fault, your recovery will decrease by that percentage.  

Claims Against Government Entities

Filing a premises liability claim against a government entity, such as a city or school, involves stricter notice requirements and shorter timeframes. Consulting an attorney early can help ensure compliance with these rules.

Let an Experienced Premises Liability Lawyer Help

Recovering compensation after a premises liability accident often requires navigating legal complexities and holding negligent parties accountable. Goodman Acker PC has a strong track record of helping clients in Michigan secure the resources they need to rebuild their lives after preventable injuries.  

Our team understands the challenges you're facing and is committed to pursuing justice on your behalf. Whether through settlement negotiations or in court, we fight to obtain compensation that addresses the full scope of your losses.  

If you or a loved one suffered injuries due to unsafe property conditions, contact Goodman Acker PC for a free consultation. Let us guide you through the process and help you take the first step toward recovery.