Injuries from a hazardous situation on someone else’s property are not something you have to put up with. Filing a personal injury claim with the help of a Detroit premises liability attorney can put fair compensation within your reach. Let us help you move forward from your accident with the support you need to make a full recovery.
Premises liability refers to the responsibility a property owner has to make their property safe for guests. Some people believe they can do whatever they feel like doing in their own homes and on their own land. But that mentality doesn’t fly when property owners’ actions (or inactions) injure others.
Michigan law requires all property owners, including business owners and certain renters, to do everything in their power to provide a safe environment for those entering their property. Property owners are liable for what happens to people on their properties. If you were injured, find out more about filing a claim by calling us at 248-900-9000 or contacting us online.
Victims of Premises Liability Accidents Deserve Compensation
Michigan negligence law says everyone is responsible for the injuries they cause to others. That means if you go to your local coffee shop and slip on a wet floor, you may be able to sue the coffee shop to recover compensation for your injuries.
If it’s determined that the spill you slipped on hadn’t been cleaned properly or was ignored, you can seek compensation. You shouldn’t have to pay for your hospital expenses and missed wages when someone else was responsible for the circumstances that caused the accidental fall.
A Detroit personal injury lawyer can file a strong case for the full value of your damages. Filing a premises liability claim sends a message that property owners need to do better so others stay safe.
Damages You Can Claim in a Detroit Premises Liability Case
What kinds of losses do people suffer in Detroit premises liability cases? Below is a list of common damages associated with Michigan premises liability claims:
- Medical expenses
- Pain and suffering
- Physical therapy costs
- Mental health services
- Emotional trauma
- Missed work wages
Our premises liability lawyers in Detroit analyze each claim on a case-by-case basis to determine whether or not negligence was involved in your injuries. If you were injured on someone else’s property and believe negligence played a role, don’t hesitate to reach out.
How the Michigan Supreme Court’s 2023 Ruling May Affect Your Premises Liability Claim
In late July 2023, the Michigan Supreme Court made an important decision about injury claims when they restored the right to jury trials in premises liability cases. The new Michigan premises liability ruling says juries should decide who is responsible — the property owner or the person who was injured.
Previously, premises liability cases were subject to a doctrine of “open and obvious danger.” This doctrine allowed judges to dismiss cases before they ever went to a jury if they believed the hazard was obvious to the victim. This new ruling should make it easier for injury victims to hold owners accountable and get compensation when owners are negligent.
The full effect of the Michigan decision will unfold over time, as the updated ruling will clearly impact many future cases involving people who were hurt on unsafe properties. Call us at 248-900-9000 or fill out our online contact form to learn more about how Michigan’s new premises liability ruling may affect your case.
The Statute of Limitations for Premise Liability in Michigan
According to Mich. Comp. Laws Ann. § 600.5805, an injured victim generally has three years from the actual date of their accident to take legal action against a negligent property owner or responsible business entity.
After the three-year mark passes, the statute of limitations expires in Michigan. Though there are some exceptions, when this time frame passes, you will lose your right to seek compensation for your damages.
A Detroit premises liability attorney helps victims meet important deadlines to protect their opportunity to pursue maximum compensation.
Injuries You Can Get Compensation for in a Detroit Premises Liability Claim
Here are some of the more common injuries that may warrant financial compensation through a Detroit premises liability claim if caused by unsafe property conditions:
- Fractures: Broken bones from falls (wrist, arm, hip, leg, ankle fractures, etc.) often require surgery, casting, physical therapy, and extended healing periods disrupting work and routine.
- Sprains and strains: Injuries like torn ligaments or muscle strains causing swelling, bruising, and mobility limitations. While medical treatment and rest can help, this can still take time and money to treat.
- Head, neck, and back trauma: Slip and falls can result in concussions, traumatic brain injuries, whiplash, and spine injuries imposing cognitive dysfunction and chronic pain.
- Lacerations and contusions: Hazards that cut skin or produce harmful blunt force contact injure tissue, requiring stitching and wound care to avoid infections.
- Burn injuries: Exposure to dangerous chemicals, electrical wiring, or heat sources that burn skin or respiratory systems leads to extensive corrective treatment.
- Emotional distress: The trauma of accidents also often causes pain and suffering, trauma, and other forms of mental anguish. Even though these aren’t direct financial expenses or losses, we can still pursue compensation on your behalf.
Documenting premise liability injuries forms the foundation for obtaining fair compensation for victims’ damages – both physical and mental. Don’t leave money on the table. Talk to a Michigan premises liability lawyer who can calculate the value of your damages.
The Elements of a Detroit Premises Liability Claim
Here are the key elements that make up a premises liability claim stemming from a property accident injury in Michigan:
Duty of Care
The first component is demonstrating the property owner, property manager, or another similar entity had a definitive legal duty to maintain safe premises and protect those entering from foreseeable harm. Michigan law establishes reasonable care standards that owners must uphold.
Breach of Duty
The second element requires proving the property owner breached their duty of care. This means demonstrating that they violated safety procedures, codes, and ordinances or failed to address or fix known dangers, provide adequate warnings, and implement sufficient safeguards. Our lawyers will gather proof of this through various forms of evidence.
A clear connection must exist showing the property owner’s lapse in duty directly caused the accident and subsequent injuries. For example, if the property knew that there was a leak in the building but failed to put up a sign or get someone to repair it, and you later slipped on the water, this could show causation.
Damages Related to this Negligence.
Our Detroit premises liability attorneys must thoroughly document and calculate your physical, emotional, and financial losses and injuries stemming from the accident. Having an accurate assessment allows us to pursue fair compensation through legal proceedings.
Common Accidents Involved in Premises Liability Claims in Detroit
Many kinds of accidents frequently occur because of a property owner’s negligence. Here’s a look at some accident types often connected with premises liability in Detroit:
- Slip-and-fall accidents
- Swimming pool accidents
- Dog bites
- Falls down unsafe or uneven stairs
- Deck and balcony accidents
If you were involved in any type of accident that resulted in injuries caused by unsafe conditions on a property, reach out to our Detroit premises liability lawyers to learn more about your rights in Michigan.
Who Can File a Premises Liability Claim in Detroit
When someone suffers harm on another’s Detroit property due to unsafe conditions, premises liability claims allow certain injured parties to pursue legal action and damages:
Customers or visitors invited onto a property for the owner’s financial benefit can file injury claims if harm occurs. In Detroit, common examples are shop patrons and hotel guests.
Those permitted onto a property can file suit if injuries result from undisclosed dangers. Typical licensees are house guests, delivery drivers, or vendors conducting business. Owners must warn licensees of known risks.
Rarely, a trespasser significantly harmed by a property’s unanticipated peril, like mechanical hazards or toxic chemicals, may recover limited damages in some cases per Michigan law. Unlike social guests and those welcomed for commerce, property owners owe little to no duty to unwanted intruders, although there are exceptions.
An experienced Detroit attorney can assess the victim’s status on the property and the viability of claiming the right to compensation for medical bills, lost income, pain and suffering after an accident injury occurs in Detroit.
Get in Touch With a Detroit Premises Liability Attorney
Getting the compensation you need to pay for your losses doesn’t have to be so hard. If you work with a lawyer from our firm, we’ll do the complicated legal things for you.
We’ll investigate your accident, gather evidence, and obtain the medical documentation necessary to win your case. We’ll advise you on all legal decisions and can negotiate with the other side to help make sure you get the maximum compensation available in your case.