What Is Premises Liability?
Premises liability is a legal doctrine that holds property owners and occupiers responsible for injuries that occur on their property due to unsafe or hazardous conditions. In Michigan, premises liability law imposes a duty on property owners to maintain reasonably safe conditions for people who enter their property. The scope of that duty depends on the legal classification of the visitor.
Visitor Classifications in Michigan
Michigan premises liability law distinguishes between three categories of visitors, each of which is owed a different level of care:
Invitees
An invitee is someone who enters the property for a purpose connected to the owner’s business or for a purpose that provides mutual benefit. Customers in a retail store, restaurant patrons, and hotel guests are common examples. Property owners owe invitees the highest duty of care: they must regularly inspect the premises, identify potential hazards, and take reasonable steps to repair or warn visitors about dangerous conditions.
Licensees
A licensee enters the property with the owner’s permission but for the visitor’s own purpose, not the owner’s commercial benefit. Social guests are the most common example. Property owners owe licensees a duty to warn of known hidden dangers but are generally not required to inspect for unknown hazards.
Trespassers
A trespasser enters the property without permission. Property owners owe trespassers only a duty to refrain from willful or wanton misconduct. However, Michigan law provides greater protection for child trespassers under the attractive nuisance doctrine when the property contains conditions likely to attract children, such as swimming pools or construction equipment.
MCL 554.139: Landlord’s Implied Warranty of Habitability
Under MCL 554.139, Michigan landlords have an implied warranty to keep rental properties and common areas fit for their intended use and in reasonable repair. This statute creates a basis for premises liability claims by tenants who are injured due to conditions that violate this warranty, such as broken stairways, defective railings, faulty electrical systems, or inadequate lighting in hallways. The implied warranty cannot be waived by the lease agreement.
The Open and Obvious Danger Doctrine
Michigan courts recognize the open and obvious danger doctrine, which can limit a property owner’s liability when the hazardous condition is apparent to an ordinary person exercising reasonable care. Under this doctrine, a property owner generally has no duty to protect visitors from dangers that are open and obvious because the hazard itself serves as adequate warning.
However, the Michigan Supreme Court’s decision in Lugo v. Ameritech Corp., Inc. established exceptions. A property owner may still be liable for open and obvious hazards if special aspects of the condition make it unreasonably dangerous, such as when the hazard is effectively unavoidable or poses an extremely high risk of severe harm. The application of the open and obvious doctrine is highly fact-specific and frequently litigated in Michigan.
Common Premises Liability Scenarios
Premises liability claims in Michigan arise from a wide range of circumstances:
- Slip and fall accidents: Wet floors, uneven surfaces, loose carpeting, cluttered walkways, and poorly maintained parking lots
- Snow and ice injuries: Michigan property owners have a duty to take reasonable steps to address ice and snow accumulation on walkways and parking areas, though natural accumulation may invoke the open and obvious doctrine
- Inadequate security: Assaults or crimes that occur on commercial property where the owner failed to provide reasonable security measures such as lighting, locks, or security personnel
- Swimming pool accidents: Drownings or injuries caused by lack of fencing, broken gates, absence of warning signs, or inadequate supervision
- Construction site injuries: Falls, struck-by incidents, or electrocution on construction sites with inadequate safety measures
- Dog bites: Property owners may be liable when a dangerous animal on their property injures a visitor
Comparative Fault in Michigan Premises Liability
Michigan follows a modified comparative fault system under MCL 600.2959. In a premises liability case, the injured person’s damages are reduced by their percentage of fault. If the injured person is found to be more than 50% at fault for the accident, they are barred from recovering any damages. For example, if a jury finds that a store customer was 30% at fault for ignoring a wet floor sign and the property owner was 70% at fault for inadequate cleanup, the customer’s damages would be reduced by 30%.
Statute of Limitations for Premises Liability
Under MCL 600.5805, the statute of limitations for premises liability claims in Michigan is three years from the date of the injury. Failing to file a lawsuit within this period generally bars the injured person from pursuing compensation. For claims involving government-owned property, the injured person must also provide written notice within six months under MCL 691.1404.
If you have questions about a premises liability claim in Michigan, contact The Joseph Dedvukaj Firm for a free consultation at 1-866-HIRE-JOE.