Who is liable for your injury?
When considering a personal injury claim, one thing to consider is the owner of the property on which you sustained your injuries. If the accident that led to your injury was due to the failure of the owner to provide a safe environment for his or her visitors, that individual may be held responsible for causing your injuries. Whether your injury was due to a slip & fall accident or an injury sustained on an amusement park ride, the owners of that property are legally responsible for any type of accident that occurs on their property. There are several factors that are taken into account in a premises liability claim in order to prove negligence and fault of the land owner.
The state of Michigan has specific rules concerning premises liability claims. First, different degrees of duty are required of owners depending on the status of the injury victim. The success of a premises liability claim depends on whether the plaintiff was on the land legally. The plaintiff must be able to show that the premises on which the accident occurred were open for a commercial purpose of any kind. If that is true, the victim is referred legally to as an invitee. Invitees are owed the highest degree of duty under Michigan premises liability law. The owner of the land is required by law to maintain the premises in a reasonably safe condition and must take ordinary measures to protect their invitees from harm known to the possessor. The owner of the land is also required to warn invitees of any dangers that he or she is aware of, unless those dangers are open and obvious to the public eye. Regarding these dangers, the owner is required to routinely examine their property in order to discover any open or obvious dangers of which they were not aware.
Licensees are those persons which express permission from the owner to be on their land. This would include any personal guests or members of the owner's household. Licensees are entitled to compensation for injuries under a premises liability case only if the owner of the land failed to recognize the risk of danger and therefore warn their guests of it. Furthermore, the owner will be held responsible if they knew of the danger but failed to take measures to make the condition safer, especially if the licensee had no way of knowing about the danger.
The last category of victims is that of trespassers. These are individuals who were on the owner's property without their consent. Trespassers are owed the lowest level of care. In the state of Michigan, owners generally are not held responsible for injuries sustained by trespassers on their property unless the condition that led to the injury was knowingly and intentionally created by the owner for the risk of injury to the trespasser.
Michigan Personal Injury Attorney
The law in Michigan concerning premises liability is extensive and complicated. Our Michigan personal injury attorney is specially trained under these laws and therefore able to argue successful premises liability claims on behalf of our clients. If you are considering making such a claim, contact a personal injury attorney in Michigan to assist you. The right attorney will be able to assess the situation and adequately show that the fault lay with the owner of the property on which you were injured. To learn more about premises liability and how our firm can help your claim, contact our office today.