Michigan Premises Liability FAQs

Premises liability cases are among the most common civil cases filed in the United States, in general, and in Michigan, specifically. If you were injured on someone else’s property, you should consider contacting the experienced premises liability attorneys at Vahdat Weisman Law to determine whether you might have a case. Below, we aim to answer some of the most common questions about premises liability cases.

• What is “premises liability” under Michigan law?

Premises liability claims arise when someone is injured because a property owner or occupier fails to keep their property in a reasonably safe condition. Michigan courts treat these claims like any other negligence action. You must show that the defendant owed you a duty of care, breached that duty, and the breach caused foreseeable harm and damages. Under Michigan law, the specific type of duty owed is tied to your legal status on the property—whether you were an “invitee,” “licensee,” or “trespasser.”

• Who can be held responsible for a premises liability injury?

Anyone who owns or occupies land or a building. A simple example is a homeowner. But in commercial situations, there are often several potential defendants in a premises liability case.

o Private owners and occupiers like businesses, homeowners, tenants, and contractors controlling the hazard,

o Landlords for common areas and conditions covered by MCL 554.139(1),

o Governmental agencies if the injury involves a “dangerous or defective public building” (MCL 691.1406) or sidewalks or roadways maintained by the government, and

o Property managers or maintenance companies that agreed to inspect or repair the area.

Liability often overlaps between parties. An experienced attorney will identify every potentially liable party to maximize available insurance coverage.

• What duties do property owners owe to invitees, licensees, and trespassers?