Michigan Premises Liability FAQs

Premises liability cases are some of the most common civil cases filed in the United States in general and 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 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.

• Private owners and occupiers like businesses, homeowners, tenants, and contractors controlling the hazard.
• Landlords for common areas and conditions covered by MCL 554.139(1).
• Governmental agencies if the injury involves a “dangerous or defective public building” (MCL 691.1406) or sidewalks or roadways maintained by the government.
• 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?

Unlike some states, Michigan law still uses traditional status categories:

Because your status can be a fact-intensive inquiry and often determine the outcome of your case, early investigation is critical.

Does the “open and obvious” rule still bar many claims?

Not anymore. In Kandil-Elsayed v. F & E Oil, Inc, 512 Mich 95, 1 NW3d 44 (2023), the Michigan Supreme Court held that visible hazards no longer completely eliminate the owner’s duty of care. Instead, a jury considers whether a condition was “open and obvious” only when allocating comparative fault. This seismic change means slip-and-fall victims now have a more straightforward path to trial, even when snow, ice, or another hazard is visible.

How long do I have to sue?

The general statute of limitations for personal-injury actions in Michigan is three years from the date of injury (MCL 600.5805(2)). There are, however, some unique rules:

• Governmental Defendants: If you are suing a governmental agency (a public-building claim), written notice of the defect must be served within 120 days (MCL 691.1406).
• Minor Plaintiffs: For children, the clock pauses until age 18, but you should still seek counsel quickly to preserve evidence and begin preparing your claim.

Missing a deadline, especially a notice requirement, can cost you your entire case.

What if I am partly to blame for my injuries?

Michigan follows modified comparative negligence (MCL 600.2959). If you are 50% or more at fault, you cannot recover noneconomic damages, and your percentage of fault reduces economic damages proportionally. If you are less than 50% at fault, all damages are reduced proportionally. As a result of more recent caselaw, juries, not judges, determine both the defendant’s duty and each party’s share of fault, making jury-focused advocacy crucial in every premises liability case.

Are landlords liable for tenant or guest injuries?

Yes, landlords have statutory duties to (1) keep common areas “fit for the use intended” and (2) maintain the premises in reasonable repair (MCL 554.139). A tenant injured in a stairwell or parking lot, for example, can sue the landlord for his or her injuries, even if the hazard was obvious. This is true regardless of what the lease says because landlord liability is statutory in addition to a matter of common law and contract law.

Do special rules apply to public buildings and sidewalks?

Under Michigan law, there are special rules that apply to government-owned buildings, sidewalks, and highways.

• Public Buildings: Government agencies must repair and maintain buildings open to the public. Failure to fix a known defect or one that is obvious for 90 days creates liability. Notice of injury is mandatory within 120 days (MCL 691.1406).
• Sidewalks and Highways: Claims against cities or the State of Michigan typically follow shorter notice periods and damage caps. Additional defenses, such as the “two-inch rule” for sidewalks (MCL 691.1402a), may also apply. Prompt documentation of measurements and photographs helps defeat these defenses.

What compensation can I seek?

Depending on the facts, damages in a premises liability case may include the following:

• Economic Losses: Medical bills (past and future), rehabilitation expenses, lost wages, and out-of-pocket costs.
• Non-economic Losses: Pain and suffering, emotional distress, and loss of enjoyment of life (barred if your fault is 50% or more).
• Wrongful-Death Damages: Funeral costs, loss of financial support, and the decedent’s conscious pain and suffering (recoverable by the estate).

Punitive or exemplary damages are generally unavailable in Michigan negligence cases. However, interest and case evaluation sanctions can add significant value to a premises liability case.

Why choose Vahdat Weisman Law?

Every law firm has its own sales pitch. Ours comes from what our clients say about us, not what we say about ourselves:

• Focused Experience: We do not take every case that comes in the door. Our practice centers on personal injury and premises liability claims across Michigan’s state and federal courts.
• Local Insight and Statewide Reach: Headquartered in Livonia, we routinely litigate premises liability cases in Wayne, Oakland, and Macomb counties. But we also have cases all over the State of Michigan (and even some out of state).
• Resources to Win: We collaborate with some of the best engineers, safety consultants, and medical experts in Michigan and the country to build compelling evidence of liability and proof of damages.

No Fee Unless We Recover: You pay nothing unless we obtain compensation for you.

Contact Vahdat Weisman Law Today

Premises liability law in Michigan is evolving rapidly. Evidence can disappear, surveillance footage can be erased, statutory notices can expire in weeks, and binding precedent can change on a moment’s notice. Contact Vahdat Weisman Law at (734) 469-4994 as soon as possible to safeguard your claim.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Every case is unique, and prior results do not guarantee future success.