Detroit Premises Liability Lawyer
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Were you hurt while on someone else’s property? If you were in an accident that was caused by a dangerous aspect of a property owned by another person, business, or municipality, then you should call a premises liability attorney right away.
Under premises liability law, a property owner – or the party in charge of the property – is responsible for the condition of their property. They may also be responsible if a hidden hazard on their property causes you harm. When an owner’s property has a dangerous condition that the public cannot readily see, and they did not fix it, make it inaccessible, or warn you about it, then you may be able to file a legal claim against the owner or property manager and demand compensation for your injuries.
You can also contact us online to schedule an initial case consultation.
What Is Premises Liability?
In general, premises liability law states that property owners or managers owe certain individuals on their property a duty of care to keep the property relatively safe.
The duty of care is a certain standard of behavior. You can think of it as a standard for maintaining the property in such a way that it is free from hidden hazards and reasonably safe for visitors. In other words, if a property owner is going to let others come onto their premises, they cannot let those premises be hazardous or defective, which would put their visitors in danger.
If the property owner does let their property become dangerous for visitors, and you are hurt on the property, then you may be able to bring a civil claim against the property owner for compensation. However, before you assume that a property owner is at fault or that you can obtain a financial recovery after an accident, we recommend contacting a premises liability attorney. Each state’s law differs, and premises liability claims can become complicated.
Michigan Premises Liability Law
Michigan is one of several states that requires different standards of care towards various types of people on a property: Invitees, licensees, and trespassers.
You are an invitee if you are on another person or business’s land for a commercial purpose. You may be a customer, client, or patron of that business. For example, you may be shopping at a grocery store or arriving for a dentist appointment. Under Michigan law, property owners and managers owe invitees the highest duty of care. The property owner or manager is required to maintain the premises in a reasonably safe condition, and they must take ordinary measures, including routine inspections, to protect you and other invitees from harm the owner or manager knows of. Additionally, owners must warn invitees about dangers they are aware of, unless those dangers are open and obvious to the public.
You are a licensee if you have permission to be on someone’s land, but you are not there for a business purpose. Social guests are licensees. In Michigan, property owners and managers owe licensees the second highest duty of care. Owners and managers must warn guests about hazards that they are aware of and take measures to fix dangerous conditions.
You are a trespasser if you were on another person or business’s property without permission. This means you were on the land when you should not have been. In Michigan, property owners and managers do not owe trespassers a duty of care other than to not knowingly and intentionally place trespassers at risk of harm. A property owner cannot set traps for you or willfully harm you. However, they also are not responsible for compensating you if you are hurt while trespassing on their land. There may be some exceptions, including children.
If you were injured while lawfully on another person or business’s property, we recommend calling a liability attorney as soon as possible. One of our attorneys at Davis Injury Lawyers, PLLC will thoroughly investigate the incident. We will determine whether you were an invitee or licensee in order to establish the duty of care the property owner owed you. Then, we will gather evidence to determine if there is proof that the property owner failed to uphold their legal duty. If so, we can pursue compensation for your injuries.
Open and Obvious Hazards in Michigan
There is a major exception to when property owners are liable for invitees and licensees’ injuries in Michigan, and that is when you are injured by an open and obvious danger.
Property owners are not responsible for the harm you suffer if you fail to avoid a danger that you, or ordinary members of the public, could observe. They are not responsible for compensating you when you could have used reasonable caution to see and avoid the danger.
If you were injured on someone else’s property, and you are worried that they will claim it was an open and obvious danger, or they have already made the claim, contact our premises liability attorneys at Davis Injury Lawyers, PLLC right away. If you have a condition that made it impossible to notice a defect that other individuals may have noticed, we will use this information during your case to fight for you to receive compensation.
We Handle a Wide Range of Michigan Premises Liability Claims
Two of the most common types of premises liability claims we handle include:
Slip and Fall Accidents
Slip and falls or trip and falls can occur anywhere – in someone’s home, at the store, or in a public park. Wherever you slipped and fell, if you believe it was because of a hazard you could not easily recognize, you should call Davis Injury Lawyers, PLLC right away. We have handled slip and fall accidents in which our clients suffered serious injuries, and we fought for them to receive fair compensation.
Swimming Pool Accidents
Having a swimming pool is exciting, especially for kids. However, they are also dangerous. Our liability attorneys have seen cases where a child was injured or killed by drowning. People also frequently slip and fall on the deck or ground surrounding the pool, and on diving boards. You can also become hurt due to rough, jagged, or sharp edges in a pool and uncovered filters. If you or your child were hurt in a pool accident, do not hesitate to call us. We will fight for you to receive a fair premises liability settlement.
Other common premises liability claims we handle involve:
- Snow and ice
- Uneven or loose stairs
- Loose railings or stairs without railings
- Uneven or loose deck planks
- Loose rugs or carpeting
- Unstable balconies
- Poor lighting
- Foreign substances on floors
- Overly waxed flooring
- Slippery surfaces
- Inadequate security
- Falling objects
- Dog bites and animal attacks
No matter what type of accident you were injured in, or what type of property you were on, our liability attorneys are here to help.
Pursing Compensation for a Premises Liability Claim
If you were injured on another person or business’s property, and you can prove that the hazard was not open and obvious, then you may receive compensation for your economic and non-economic injuries. The potential value of your claim depends on a number of factors, including the type and extent of your injuries. The more serious your injuries, the likelihood you can obtain a greater amount of compensation. If you suffered a permanent harm, this also increases a potential settlement or verdict.
You can ask for compensation to cover your:
- Medical expenses
- Lost income and employment benefits
- Reduced earning potential
- Physical pain and suffering
- Mental anguish
- Reduced quality of life
Insurance Coverage May Allow you to Obtain a Settlement for Your Injuries
Our premises liability attorneys will help you with this.
You can be hurt on almost any type of premises: someone’s home, a retail store, a park, a stadium or theater, a small business, a sidewalk, or a parking lot. Almost anywhere can be safe, as long as it is maintained, and almost any type of land or building can become dangerous if it is neglected. We handle premises liability cases that arise from accidents and injuries sustained on all types of properties.
These types of property can be owned by individuals, businesses, and municipalities. If you are unsure of who owns the property, or who rents and operates it, call our liability attorneys. You need to know who is responsible for the property in order to file a claim against the right person or establishment. The owner or manager of the property may also influence whether or not there is likely to be an insurance claim available.
If you were hurt on someone’s residential property, you may be able to obtain a settlement through a homeowners’ insurance policy. If a business owns or operated the property, that business likely has bodily injury liability coverage. In either situation, you may need to file a premises liability lawsuit. However, your case may not go all the way to trial. Following the discovery phase of the lawsuit, your attorney and the other party’s insurer may negotiate a fair settlement.
Your case may be more complicated if it is against a city, county, or the state of Michigan. If you must go up against a government entity, you may need to follow a specific process. You might also have a shorter time limit for when you can make a complaint.
Statute of Limitations for Premises Liability Claims
If you were hurt on another person’s property, we recommend speaking with an attorney as soon as you can.
Every state limits how long you have to file certain types of civil lawsuits. In Michigan, you only have three years, typically, to file a premises liability claim.
In most circumstances, the clock starts running the day you sustained your injuries. However, there may be an exception to this rule. If you learned weeks or months later that your accident and injuries may have been the result of the property owner’s negligence, then the clock may start running the date you learned you may have a legal claim against the property owner. This particularly true if the property owner took steps to hide their potential liability from you.
However, if you were injured on government-owned property, then your time to file a complaint is much shorter. For instance, if you fell and were hurt because of an uneven or cracked sidewalk in Detroit, then you only have 120 days to inform the appropriate government agency of your injuries. If you were hurt on a public sidewalk, road, park, or other public area controlled by the city, county, or state, call a liability attorney immediately so that you can make a claim within the proper amount of time. If you fail to file a complaint on time, then you may lose your chance to obtain compensation for your injuries.
Contact Davis Injury Lawyers, PLLC For Help Today
At Davis Injury Lawyers, PLLC, we understand how hard it is to deal with unexpected injuries, particularly when those injuries are serious or catastrophic.
We know how hard it is to be out of work yet facing a mounting pile of medical bills. We firmly believe that you should not have to deal with this situation alone. It should not all fall on you to handle the insurance claim or fight for compensation. You deserve an advocate who will do the heavy lifting for you while you recover from your injuries.
At Davis Injury Lawyers, PLLC, we are here to represent you in a premises liability lawsuit and insurance claim, and to fight for the maximum compensation possible for your injuries. To talk with one of our attorneys about how we can help you, call us at (313) 462-7979 or contact us online to schedule an initial consultation.