Premises Liability: How to Stay Safe on Your Property & Others’

Imagine this: You’re walking into a grocery store on a snowy Michigan day, and just as you step inside, you slip on a puddle of melted ice. Or maybe you’re visiting a friend’s apartment, and the stairway railing gives way, causing you to fall. These kinds of accidents happen every day, and when they do, the question arises—who is responsible?

If you own property, it’s important to keep it safe for visitors, whether it’s your home, a rental property, or a business. On the other hand, if you’re visiting someone else’s property, knowing your rights can help protect you if you’re injured.

This blog will break down what premises liability is, common dangers to watch out for, and how Michigan’s laws have changed to make it easier for injury victims to get fair compensation. Whether you’re a property owner or just someone going about your day, understanding these laws can help you stay safe and avoid legal trouble.

---

What Is Premises Liability?

Premises liability is a type of law surrounding personal injury claims rising from an injury on someone else’s property. Premises liability establishes the obligations property owners have and what kind of compensation those injured can receive.

---

Common Premises Liability Hazards Like Slip and Fall Accidents

Common types of premises liability violations include:

• Slip and fall accidents: This can be anything from slipping on a snowy, icy sidewalk to tripping over a hazard.
• Dog bites: This can occur when a dangerous dog is not properly restrained and attacks a victim.
• Poor maintenance: For example, poor sidewalk maintenance causing an uneven walkway.
• Negligent security: This could be if someone enters a property that is not secured properly and is injured (e.g., robbed/assaulted) as a result.

---

Where Slip and Fall and Other Premises Liability Injuries Happen

Common areas where premises liability violations occur include:

• Defective steps
• Stairways with broken handles
• Sidewalks
• Slippery floors
• Automatic doors
• Poorly lit areas

---

Defining Types of Property Visitors and Liability Differences

1. Invitees: This is someone the property owner invites onto their property, like a shopper entering a grocery store during business hours or a party guest at your home. 
2. Licensees: This is someone who has permission to enter a property owner’s property, such as an Amazon delivery driver or a mailman
3. Trespassers: This is someone who enters onto a property without the owner’s permission. There is no obligation for property owners to protect a trespasser from getting hurt, with some exceptions, like if the trespasser is a young child.

The “Open and Obvious” Defense in Premises Liability Claims

If you do find yourself a victim of one of the above premises liability violations, then you are able to sue the property owner’s insurance to get compensation for any medical expenses and lost wages.

When bringing a premises liability case to court, the defense will often use the “open and obvious” doctrine. This used to mean that if the injury came from something that was in the open and obviously a potential danger, then the property owner is not at fault. 

For example: You might find yourself walking on the sidewalk on your way to a retail store when you trip on uneven sidewalk. If you get seriously injured you might bring a case against the store to get compensation for your injuries. But the defense will most likely use the “open and obvious” defense, which says the uneven sidewalk was visible and obviously presented a danger. This used to mean that you were entirely responsible for your fall and injuries. Because the danger was open and obvious, you should have been aware enough to avoid your own injuries and therefore had no case against the store. Thankfully for injury victims this has changed.

---

Legal Origins of the Open and Obvious Rule in Michigan

The concept comes from the 2001 Michigan Supreme Court case Lugo v Ameritech Corp. The Court ruled that the pothole involved was “open and obvious,” relieving the property owner of responsibility. This decision set a precedent: if the danger was visible, injury victims typically had no case.

---

How Michigan’s Open and Obvious Law Changed Premises Liability

This concept initially came from a 2001 Michigan Supreme Court decision Lugo v Ameritech Corp. The Supreme Court upheld the decision of the circuit court, which said the pothole that the plaintiff was injured from was open and obvious and the property owner has no need to warn of open and obvious danger. 

This established the previously mentioned precedent that if an injury comes from a hazard that was open and obvious then it is almost always the victim’s fault, and the victim cannot gain compensation for their damages.

Changes to the Legal Concept of Open and Obvious

In 2023, two other premises liability cases were looked at by the Michigan Supreme Court. Both cases involved slip and falls in/around public stores. The precedent would say that these injured people have no case because the danger was open and obvious.

However, the Michigan Supreme Court decided that while the open and obvious doctrine will still remain, it should be looked at in terms of comparative fault, not breach. The owner still owes a duty to the invitee to exercise reasonable care to protect them from unreasonable risk of harm.

This all essentially means that prior to this 2023 decision, most premises liability cases were being dismissed due to the only consideration being if the danger was open and obvious. After the 2023 decision, the defendant’s attempt to reasonably protect an invitee is considered in conjunction with if the danger was open and obvious.

Our previous example established what it would look like prior to this decision. After this decision, however, the court would have to look at more than just if the uneven sidewalk was open and obvious. They would have to look at the property owner’s maintenance of the sidewalk and see if the property owner was maintaining other responsibilities as well. Now, that comparative fault is a consideration, a percentage of fault may be assigned to the owner and a case can be brought against them.

---

Preventing Slip and Fall Lawsuits: Premises Liability for Owners

With all of this in mind, it’s important to know as a property owner – private owner or commerical owner- how to prevent someone from getting injured in this way. There is a stricter duty of care for those who own commercial property. It is important to get inspections, follow health codes, and address hazards promptly.

If you own property, take your duty of care seriously:

• For commercial properties, schedule regular inspections, follow safety codes, and address hazards quickly.
• For private property owners, always warn guests about hidden dangers—like loose stairs, icy walkways, or broken railings.

Because open and obvious is no longer a get-out-of-jail-free card, showing that you took reasonable precautions is now more important than ever.

---

Visitor Responsibilities in Slip and Fall and Liability Cases

As a visitor, it is important to remain vigilant while in a hazardous situation so as to avoid injury. Although you are able to sue after being hurt on someone else’s property, in Michigan there is an element of comparative fault that can affect the amount of compensation you can receive. 

If you were acting with disregard to your own safety or doing something else that someone can prove contributed to your injuries, then you are comparatively at fault. This means that however much at fault you are found to be, you will not be awarded that percentage of your damages. 

For example, if you are texting and do not see an icy patch of sidewalk, which results in a slip and fall and you are injured, you could be found 20% at fault. This means 20% of your damages will not be awarded to you. If you are found 51% at fault, then you are no longer allowed to file a case. 

Therefore, it is important to stay vigilant in a situation that would potentially result in a premises liability injury. 

Injured in a Slip and Fall? Call Our Premises Liability Lawyers

If you’ve been hurt in a premises liability accident, Giroux Pappas Trial Attorneys can help. Our experienced attorneys understand the complexities of open and obvious defenses, slip and fall law, and property owner negligence.

We’ll conduct a thorough investigation, preserve evidence, and help you recover the compensation you deserve. Call today at 248-413-8022.