If you have been injured on someone else’s property, you may have a premises liability claim. You could be entitled to compensation for your injuries. Contact Christopher Trainor & Associates for a free case review.
Premises liability cases can arise from a variety of hazardous conditions, such as slips and falls, trips and falls, inadequate security, dog bites, and more. Property owners are legally obligated to maintain safe premises and protect visitors from foreseeable dangers. When they fail to do so, they can be held accountable for injuries caused by their negligence.
At the Law Offices of Christopher Trainor & Associates, we have a proven track record of successfully handling premises liability cases throughout Michigan. We understand the complexities of these cases and the impact they can have on your life. Our experienced Lansing premises liability lawyers will thoroughly investigate your claim, gather evidence, and fight tirelessly to hold negligent property owners accountable for their actions.
If you've been injured on someone else's property in the Lansing area, do not wait to seek legal advice. Contact us today for a free consultation to discuss your case and learn how we can help you pursue the compensation you deserve.
Defining Premises Liability
Premises liability refers to the legal responsibility of property owners or occupiers to ensure that their premises are reasonably safe for visitors or guests. When someone is injured due to hazardous conditions on another person's property, the property owner or occupier may be held liable for the injuries under premises liability law.
Common examples of premises liability cases include slip and fall accidents, trip and fall accidents, inadequate security leading to assaults or robberies, dog bites, swimming pool accidents, and accidents caused by unsafe conditions such as broken stairs, slippery floors, or uneven walkways.
To establish premises liability, the injured party typically needs to prove that:
The property occupier or owner had a duty of care to the visitor.
The property occupier or owner violated that duty by failing to maintain a reasonably safe environment or warn of known hazards.
The violation of duty was the direct cause of the visitor's injuries.
The visitor suffered actual damages as a result of the injuries.
Premises liability laws require property owners to take reasonable steps to prevent foreseeable harm to visitors on their property. This includes maintaining their premises in a reasonably safe condition, promptly repairing hazardous conditions, and notifying visitors of known dangers.
If you have been injured on someone else's property due to unsafe conditions, it is important to consult with a skilled Lansing premises liability lawyer to understand your rights and legal options for seeking compensation for your injuries and losses.
Premises Liability and Visitor Classification
Premises liability law often takes into account the legal classification of visitors to a property when determining the duty of care owed by the property owner or occupier. Visitors are typically classified into one of three categories: invitees, licensees, and trespassers. Each classification carries different levels of legal protection and corresponding duties of care.
Invitees
Invitees are persons who are invited onto the property for a business purpose or the mutual benefit of the visitor and the property owner. This category includes customers in a store, patrons in a restaurant, or guests at a hotel. Property owners owe the highest duty of care to invitees, including the obligation to inspect the premises for hazards, repair dangerous conditions, and provide warnings of known dangers.
Licensees
Licensees are those who have permission to enter the property for their own purposes, such as social guests or friends. Property owners have a duty to warn licensees of known hazards that may not be obvious and to refrain from willfully or wantonly injuring them. However, the duty of care owed to licensees is generally lower than that to invitees.
Trespassers
A trespasser is anyone who enters the property without permission from the property owner. While property owners generally do not owe a duty of care to trespassers, there are exceptions, such as when the property owner is aware of frequent trespassing or when the trespasser is a child. In such cases, property owners may have a duty to take reasonable steps to prevent foreseeable harm to trespassers, such as installing fencing or posting warnings.
Understanding the legal classification of visitors is important in premises liability cases as it helps determine the extent of the property owner's duty of care and potential liability for injuries. If you've been injured on someone else's property, consulting with a Lansing premises liability lawyer can help you understand how visitor classification may impact your case and your ability to recover compensation for your injuries and losses.
Types of Premises Liability Accidents
Premises liability accidents can occur in various settings and involve a wide range of hazardous conditions. The common premises liability accidents that take place in Michigan are:
Slip and Fall Accidents: These accidents occur when someone slips, trips, or falls due to hazardous conditions such as wet or slippery floors, uneven surfaces, loose rugs or mats, icy sidewalks, or spilled liquids.
Trip and Fall Accidents: Similar to slip and fall accidents, trip and fall accidents occur when someone trips over an object or obstacle on the ground, such as loose cables, debris, uneven pavement, or unsecured floor mats.
Inadequate Maintenance: Accidents resulting from inadequate maintenance of the premises, such as broken or defective stairs, handrails, elevators, escalators, lighting fixtures, or faulty electrical wiring.
Negligent Security: These accidents occur when property owners fail to provide adequate security measures to protect visitors from foreseeable criminal acts, such as assaults, robberies, or other violent crimes.
Dog Bites and Animal Attacks: Accidents involving injuries caused by domestic animals or pets, such as dog bites, can give rise to premises liability claims if the property owner knew or should have known about the animal's dangerous propensities.
Swimming Pool Accidents: Accidents at swimming pools or other recreational facilities, including drownings, slips and falls on wet surfaces, diving accidents, or injuries caused by broken or defective equipment.
Fires and Burns: Accidents resulting from fires, explosions, or burns caused by faulty wiring, defective appliances, flammable materials, or other hazards on the premises.
Structural Collapses: Accidents involving structural failures or collapses of buildings, balconies, decks, roofs, or other structures due to poor construction, design defects, or lack of maintenance.
Exposure to Toxic Substances: Accidents resulting from exposure to hazardous substances such as lead paint, asbestos, mold, or toxic chemicals present on the premises.
These are just a few examples of the types of premises liability accidents that can occur. Property owners must maintain safe premises and protect visitors from foreseeable dangers. If you've been injured due to unsafe conditions on someone else's property, you may be entitled to compensation for your injuries and losses.
Legal Responsibilities of Property Owners in Michigan
In Michigan, property owners have legal responsibilities to maintain safe premises and protect visitors from foreseeable hazards. These responsibilities are outlined in Michigan's premises liability laws and are generally based on the legal classification of visitors to the property. Some of the key legal responsibilities of property owners in Michigan include:
Duty to Inspect: Property owners have a duty to inspect their premises regularly to identify and address any hazardous conditions that may pose a risk of harm to visitors. This includes conducting routine inspections of the property and promptly addressing any dangerous conditions that are discovered.
Duty to Repair: Property owners are also required to take reasonable steps to repair hazardous conditions on their premises in a timely manner. This may involve fixing broken or defective stairs, handrails, flooring, lighting fixtures, or other structural components that could cause injury to visitors.
Duty to Warn: If the owner is aware of a hazardous condition on their premises that may not be obvious to visitors, they have a duty to warn visitors of the potential danger. This may involve posting warning signs, barricading off dangerous areas, or providing verbal warnings to visitors.
Duty of Care to Invitees: Property owners owe the highest duty of care to invitees, who are individuals invited onto the property for a business purpose or for the mutual benefit of the visitor and the property owner. This includes the obligation to inspect the premises for hazards, repair dangerous conditions, and provide warnings of known dangers.
Duty of Care to Licensees: They also owe a duty of care to licensees, who are individuals with permission to enter the property for their own purposes, such as social guests or friends. While the duty of care to licensees is generally lower than that owed to invitees, property owners still have a duty to warn licensees of known hazards that may not be obvious.
Limited Duty to Trespassers: While property owners generally do not owe a duty of care to trespassers, there are exceptions, such as when the property owner is aware of frequent trespassing or when the trespasser is a child. In such cases, property owners may have a duty to take reasonable steps to prevent foreseeable harm to trespassers.
Common Injuries in Premises Liability Accidents
Premises liability accidents can result in a wide range of injuries, varying in severity depending on the nature of the accident and the hazardous conditions involved. Some common injuries sustained in premises liability accidents include:
Broken Bones: Slip and fall accidents, trip and fall accidents, and other incidents involving falls can lead to fractures, broken bones, and orthopedic injuries. The bones most commonly broken in premises liability accidents are the wrists, arms, ankles, hips, and legs.
Soft Tissue Injuries: Soft tissue injuries, such as sprains, strains, and contusions, are common in premises liability accidents. These injuries can result from sudden impacts, awkward movements, or overexertion during a fall or collision.
Head Injuries: Head injuries, including concussions, traumatic brain injuries, and skull fractures, can occur when a person's head strikes a hard surface during a fall or collision. Head injuries can have serious and long-lasting consequences, affecting cognitive function, memory, and behavior.
Back and Spinal Cord Injuries: Falls from heights, such as falls down stairs or off ladders, can cause back injuries, spinal cord injuries, and herniated discs. These injuries can result in chronic pain, limited mobility, and paralysis, depending on the severity of the injury.
Neck Injuries: Neck injuries, including whiplash and cervical strains, can occur in accidents involving sudden jerking or hyperextension of the neck, such as rear-end collisions or slip-and-fall accidents. Neck injuries can cause pain, stiffness, and reduced range of motion.
Lacerations and Contusions: Accidents involving sharp objects, broken glass, or protruding objects can cause lacerations, cuts, and bruises. While these injuries are generally less severe than fractures or head injuries, they can still require medical treatment and may lead to scarring or disfigurement.
Burn Injuries: Premises liability accidents involving fires, explosions, or exposure to hot surfaces can cause burn injuries ranging from minor first-degree burns to more severe second-degree or third-degree burns. Burn injuries can result in pain, scarring, and permanent disfigurement.
How Lansing Premises Liability Claims Are Investigated
Lansing premises liability claims are typically investigated very thoroughly in a process aimed at gathering evidence to establish liability and support the injured party's claim for compensation. Here are some common steps involved in the investigation of premises liability claims in Lansing:
Scene Inspection: Investigators visit the accident scene to document the conditions and circumstances that contributed to the accident. They may take photographs, measurements, and notes to preserve evidence of hazardous conditions such as uneven walkways, broken stairs, or inadequate lighting.
Review of Records: Investigators review relevant records and documents related to the property, including maintenance logs, repair records, inspection reports, and any previous complaints or incidents involving similar hazards. This helps establish whether the property owner was aware of the dangerous condition and whether they took appropriate steps to address it.
Interviews and Statements: Investigators interview witnesses, including the injured party, other visitors to the property, and employees or personnel who may have knowledge of the accident or the property's maintenance and safety practices. Witness statements can provide valuable insight into the circumstances surrounding the accident and help corroborate the injured party's account.
Expert Analysis: In some cases, experts such as engineers, architects, or safety consultants may be retained to assess the property and provide expert opinions on issues such as building code violations, structural defects, or unsafe conditions. Their expertise can help establish liability and support the injured party's claim for compensation.
Documentary Evidence: Investigators gather documentary evidence such as medical records, accident reports, police reports, and any correspondence or communication between the injured party and the property owner or their insurance company. This evidence helps establish the extent of the injuries sustained in the accident and the damages incurred by the injured party.
Legal Research: Investigators conduct legal research to identify relevant statutes, regulations, and case law governing premises liability in Lansing and Michigan. This helps ensure that the injured party's claim is supported by applicable legal principles and that all necessary legal requirements are met.
Insurance Coverage: Investigators review the property owner's insurance coverage, including liability insurance policies, to determine the extent of available coverage and the potential sources of compensation for the injured party.
By conducting a thorough investigation, premises liability claims in Lansing can be effectively evaluated, negotiated, or litigated to ensure that injured parties receive fair compensation for their injuries and losses.
Factors Affecting Liability in a Lansing Premises Liability Accident
Several factors can affect liability in a premises liability accident, influencing the property owner's responsibility for the injuries sustained by the visitor. Some of the key factors include:
Ownership or Control of the Property: The degree of control the property owner has over the premises can impact their liability. Property owners who exercise control over the property, such as landlords, tenants, or business operators, may have a higher duty of care compared to individuals who merely own the property but do not actively control its maintenance or operation.
Visitor Classification: The legal status of the visitor at the time of the accident, such as whether they were an invitee, licensee, or trespasser, can affect the property owner's duty of care. Property owners owe a higher duty of care to invitees, who are on the premises for a business purpose or mutual benefit, compared to licensees or trespassers.
Foreseeability of Harm: Property owners may be held liable for injuries caused by hazards that were reasonably foreseeable and could have been prevented through reasonable care. Factors such as the likelihood of harm, the severity of potential injuries, and the property owner's knowledge of the hazard are considered in determining foreseeability.
Notice of Hazard: The property owner's knowledge of the hazardous condition and their response to it can impact liability. Property owners who are aware of dangerous conditions on their premises have a duty to take reasonable steps to address the hazard or warn visitors of its existence. Failure to do so may constitute negligence.
Standard of Care: Property owners are expected to exercise reasonable care in maintaining their premises and protecting visitors from foreseeable dangers. The standard of care may vary depending on factors such as the type of property, its intended use, industry standards, and local building codes and regulations.
Comparative Negligence: In some cases, the injured party's own negligence or fault may impact liability. Michigan follows a comparative negligence rule, meaning that a visitor's recovery may be reduced in proportion to their percentage of fault for the accident. If the visitor is found to be more than 50% at fault, they may be barred from recovering damages.
Assumption of Risk: In certain situations, visitors may assume the risk of injury by knowingly exposing themselves to a hazardous condition or engaging in risky behavior. Property owners may be relieved of liability if the visitor voluntarily assumed the risk and was aware of the danger.
These factors, among others, are carefully evaluated in premises liability cases to determine the extent of the property owner's liability for injuries sustained by visitors on their premises. If you've been injured in a premises liability accident, consulting with a Lansing premises liability lawyer can help you understand your rights and legal options for pursuing compensation.
The Attractive Nuisance Doctrine
The attractive nuisance doctrine is a legal principle that imposes liability on property owners for injuries sustained by children trespassing on their property under certain circumstances. The doctrine is based on the idea that property owners have a duty to take reasonable precautions to protect children from harm when they are likely to be attracted to dangerous conditions or features on the property.
Under Michigan's attractive nuisance doctrine, property owners may be held liable for injuries to children caused by artificial conditions or features on their property that are both dangerous and attractive to children. Simply put, the condition or feature must pose a risk of serious harm or injury to children, such as swimming pools, construction sites, abandoned wells, machinery, or other hazards. It must also be likely to attract children due to its inherent appeal or attractiveness, such as playground equipment, toys, trampolines, and any other objects that children may be drawn to explore or play on.
To establish liability under the attractive nuisance doctrine, you will typically need to prove that:
The property owner was aware of a potentially hazardous condition on their property
The property owner knew or should have known that children were likely to trespass
The dangerous condition or feature was not adequately secured or protected to prevent access by children.
The property owner's failure to take reasonable precautions to prevent harm to children was the proximate cause of the child's injuries.
It is important to note that the attractive nuisance doctrine is not a strict liability rule, and liability may be limited by factors such as the child's age, maturity, and ability to appreciate the risks involved. Additionally, property owners may have a defense if they take reasonable steps to prevent access to the dangerous condition.
Talk to a Lansing Premises Liability Lawyer
At the Law Offices of Christopher Trainor & Associates, our team of Lansing premises liability lawyers is here to help you pursue justice and ensure full and fair financial compensation for your injuries and other damages. We will handle every aspect of your case, from investigating the cause of your accident to negotiating with insurance companies and, if necessary, representing you in court. Contact us today at (248) 886-8650 to schedule a free case review.
