Serious Injuries Due to Dangerous Property
Serious Injury From Dangerous Property in Michigan
If you’ve been seriously hurt on someone else’s property — whether from a fall, broken stairs, poor lighting, or even an assault in an unsafe area — you may have what’s called a premises liability claim. Michigan law gives you the right to hold negligent property owners accountable when their failure to keep their property safe causes harm.
Here’s what you need to know about Michigan premises liability law, your rights, and what has changed recently in the courts.
What Is Premises Liability in Michigan?
Premises liability is the legal responsibility property owners have to keep their property safe for visitors. This applies to places like:
Grocery stores and shopping centers
Apartment complexes and rental housing
Restaurants and bars
Parking lots and sidewalks
Offices and other businesses open to the public
Common examples of dangerous property conditions include:
Environmental or mechanical hazards
Dangerous equipment
Broken stairs or missing railings
Poor lighting that hides hazards or encourages crime
Merchandise or debris falling from shelves
Inadequate security leading to assaults
Slippery or icy walkways
If the property owner knew or should have known about the hazard and failed to fix it or warn visitors, they may be held liable.
Who Is Protected by Michigan Premises Liability Law?
Michigan law divides visitors into three categories, and the owner’s duties depend on which one you fall into:
Invitees (shoppers, tenants, delivery drivers, etc.): Owners must actively inspect the property, fix dangers, and warn about risks.
Licensees (social guests): Owners must warn about known hazards but don’t have to look for new ones.
Trespassers: Owners generally owe little duty, but there are exceptions, especially for children.
Most serious injury cases involve invitees, since customers and tenants are owed the highest level of protection.
What Happened to Michigan’s “Open and Obvious” Rule?
You may have heard of the “open and obvious” rule in premises liability cases. For years, under a case called Lugo v Ameritech Corp, Inc., 464 Mich. 512 (2001), property owners could avoid liability if a judge believed a hazard was considered obvious enough that a reasonable person would have noticed it.
But in 2023, the Michigan Supreme Court changed the law in Kandil-Elsayed v. F & E Oil, Inc., 512 Mich 95 (2023) (decided alongside Pinsky v. Kroger Co. of Michigan). The Court held:
Property owners always owe invitees a duty of reasonable care.
Whether a hazard was open and obvious is now a question for the jury when deciding if the owner acted reasonably and how to divide fault.
Bottom line: In Michigan today, “open and obvious” is no longer an automatic defense. Even if the danger was visible, you may still have a case.
What Types of Serious Injuries Can Lead to a Claim?
Premises liability isn’t just about minor slip-and-falls. Many clients we help suffer from life-changing injuries, including:
Traumatic brain injuries (TBIs)
Spinal cord damage and paralysis
Broken bones requiring surgery
Severe scarring and disfigurement
Assault-related injuries due to poor security
These injuries often mean high medical bills, long recovery times, and permanent changes to quality of life.
What Compensation Can I Get in a Michigan Premises Liability Case?
If you’re hurt on dangerous property, you may be able to recover:
Medical expenses (ER bills, rehab, future treatment)
Lost wages and loss of earning ability
Pain and suffering
Loss of enjoyment of life
Wrongful death damages (if a loved one died)
Michigan uses a comparative fault system. That means if a jury decides you were partly at fault (for example, you weren’t watching where you stepped), your recovery is reduced by your percentage of fault. If you’re more than 50% at fault, you may lose the right to non-economic damages like pain and suffering — but you could still recover economic losses.
Example: If your total damages are $200,000 and you’re found 20% at fault, you’d recover $160,000.
How Long Do I Have to Sue in Michigan?
Under Michigan law (MCL § 600.5805), you generally have three years from the date of the injury to file a premises liability lawsuit. If you wait too long, your claim may be barred forever. Acting quickly is important not just for the deadline, but also to preserve evidence like photos, surveillance footage, and witness statements.
How a Michigan Premises Liability Lawyer Can Help
Premises liability cases are often heavily defended. Property owners and insurers may argue:
The hazard was open and obvious
You were more at fault than the property owner
They didn’t know about the hazard
We know these tactics. Our approach includes:
Investigating quickly to document hazards before they’re repaired
Using experts (safety engineers, security professionals) to show risks and code violations
Reviewing maintenance logs, prior complaints, and surveillance video to prove knowledge of the hazard
By combining deep knowledge of Michigan law with aggressive investigation, we build strong cases for clients and fight for maximum compensation.
Get Help Today
If you or a loved one suffered a serious injury on unsafe property in Michigan, you don’t have to face the legal system alone. Contact us today for a free consultation with a Michigan premises liability lawyer.