Michigan Premises Liability Lawyer

Q: What types of properties can be subject to premises liability claims?

Any property, residential, commercial, industrial, or governmental. Premises cases can involve grocery stores, apartment complexes, hospitals, parking structures, construction sites, hotels, restaurants, schools, parks, and private homes. The duty of care and available defenses vary by property type and the victim's status, but the fundamental principle is the same: if the owner's negligence caused your injury, they're liable.

Q: What is the statute of limitations for premises liability in Michigan?

Three years from the date of injury under MCL 600.5805. If the property is owned by a government entity, a 120-day notice is required under MCL 691.1404 for highways and sidewalks, or MCL 691.1406 for public buildings. Government immunity can complicate claims against public properties, but exceptions exist.

Q: What is the 'open and obvious' doctrine in Michigan premises liability?

It is no longer the case-ender it used to be. In Kandil-Elsayed v F & E Oil, Inc, 512 Mich 95 (2023), the Michigan Supreme Court overruled Lugo v Ameritech Corp and held that the open and obvious nature of a hazard no longer eliminates a land possessor's duty or bars the claim. Visibility now goes to breach and comparative fault, both jury questions.

Premises Liability

Premises Liability in Michigan: Property Owners Pay When Their Negligence Hurts You

Premises liability is the legal framework that holds property owners responsible when dangerous conditions on their property cause injuries. It covers a vast range of situations: slip and falls on ice, trip hazards on broken sidewalks, assaults in poorly secured parking garages, swimming pool drownings, elevator malfunctions, falling merchandise in retail stores, and toxic exposures in residential or commercial buildings.

At Koussan Law, I've recovered a $6,000,000 settlement in a premises liability case. These aren't nuisance claims — they're cases where property owners knew about dangerous conditions, or should have known, and did nothing. Michigan law is clear about the duties property owners owe to people on their premises, and when those duties are violated, the owner is liable for the resulting injuries.

The Duty of Care Depends on Your Status

Michigan premises liability law categorizes visitors into three groups, each owed a different level of care. Invitees — customers, clients, patients, anyone on the property for the owner's commercial benefit — are owed the highest duty. The owner must inspect for hazards, repair dangerous conditions, and warn of any risks. Licensees — social guests — must be warned of known hidden dangers. Trespassers are owed the least duty, though Michigan still prohibits willful or wanton harm.

The classification matters enormously. Insurance companies routinely argue a victim was a trespasser or licensee rather than an invitee to reduce the property owner's duty. I challenge these classifications aggressively because the difference between invitee and licensee status can determine whether a case is worth pursuing.

The "Open and Obvious" Doctrine Changed in 2023

For two decades, Michigan's "open and obvious" defense was the fastest way to kill a premises case: if the hazard was visible, the argument went, the owner owed you no duty at all. That is no longer the law. On July 28, 2023, in Kandil-Elsayed v F & E Oil, Inc, 512 Mich 95 (2023), decided together with Pinsky v Kroger Co of Michigan, the Michigan Supreme Court overruled Lugo v Ameritech Corp, 464 Mich 512 (2001). A land possessor now owes invitees a duty of reasonable care whether or not a hazard was open and obvious.

That is genuinely better news for injured people. Visibility is no longer a complete bar to a premises claim; it is evidence bearing on breach and on comparative fault, and both of those are questions for the jury rather than grounds for dismissal at summary judgment. Lugo's former "special aspects" framework, including the "effectively unavoidable" exception, is no longer the operative test, so a case no longer has to be squeezed into one of those narrow boxes to reach a jury.

Frequently Asked Questions

Q: What types of properties can be subject to premises liability claims?

Any property — residential, commercial, industrial, or governmental. I've handled premises cases involving grocery stores, apartment complexes, hospitals, parking structures, construction sites, hotels, restaurants, schools, parks, and private homes. The duty of care and available defenses vary by property type and the victim's status, but the fundamental principle is the same: if the owner's negligence caused your injury, they're liable.

Q: How do I prove the property owner knew about the dangerous condition?

You can prove actual knowledge (the owner was told about the hazard) or constructive knowledge (the hazard existed long enough that a reasonable owner would have discovered it through routine inspection). Prior complaints, maintenance logs, inspection records, and surveillance footage are key evidence. I've won cases based on a store's own incident log showing five prior falls in the same location — proving they knew the hazard existed and did nothing.

Q: What is the statute of limitations for premises liability in Michigan?

Three years from the date of injury under MCL § 600.5805. If the property is owned by a government entity, you must file a 120-day notice under MCL § 691.1404. Government immunity can complicate claims against public properties, but exceptions exist — particularly for dangerous or defective conditions of public buildings under MCL § 691.1406.

Q: Can a property owner limit their liability through warning signs?

Warning signs can reduce liability but don't eliminate it. A "wet floor" sign doesn't excuse a store from cleaning up the spill in a reasonable time. A "swim at your own risk" sign doesn't excuse a pool owner from maintaining safe conditions. The adequacy of the warning is measured against the severity of the hazard and whether the property owner took other reasonable steps to address the danger. I evaluate whether the warning was sufficient given the specific circumstances of each case.

Why Choose Koussan Law for Your Premises Liability Case?

Led by attorney Ali Koussan, our firm has a proven record of holding property owners, management companies, and corporations accountable for dangerous conditions on their premises. We secured one of the largest recorded slip and fall settlements in Michigan history — a $6,000,000 recovery for a client who suffered a serious ankle injury. We understand how to investigate these cases, preserve critical evidence like surveillance footage, and present compelling claims that insurers cannot ignore.

We handle all premises liability cases on a contingency fee basis — you pay nothing unless we recover compensation for you. Call (313) 800-0000 today.

Aggressive Representation for Premises Liability Victims

If you or a loved one has suffered due to someone else's negligence, Koussan Law is here to fight for the compensation you deserve. Free consultation. No fees unless we win. Call (313) 800-0000 today.

What is premises liability under Michigan law?

Premises liability holds property owners and occupiers responsible for injuries caused by unsafe conditions on their property. Under Michigan common law, the duty of care depends on the visitor's status: invitees (customers, tenants) are owed the highest duty — the owner must inspect for and correct hazards. Licensees (social guests) are owed a duty to warn of known hazards. Trespassers are owed minimal duty except for children under the attractive nuisance doctrine.

What is the 'open and obvious' doctrine in Michigan premises liability?

It is no longer the case-ender it used to be. In Kandil-Elsayed v F & E Oil, Inc, 512 Mich 95 (2023), decided together with Pinsky v Kroger Co of Michigan, the Michigan Supreme Court overruled Lugo v Ameritech Corp and held that the open and obvious nature of a hazard no longer eliminates a land possessor's duty and no longer bars the claim. Property owners still owe invitees reasonable care even when a hazard was plainly visible. Visibility now goes to breach and to comparative fault, both of which the jury decides. Lugo's former 'special aspects' test, including the 'effectively unavoidable' exception, is no longer the operative framework.

What types of premises liability claims are most common in Michigan?

Common claims include slip and falls on ice, wet floors, or uneven surfaces, trip and falls over raised sidewalks, loose carpet, or debris, negligent security claims (assaults due to inadequate security), falling objects, elevator and escalator accidents, dog bites (MCL 287.351), swimming pool accidents, and toxic exposure on commercial property.

What is the statute of limitations for premises liability claims?

Under MCL 600.5805(2), you have three years from the date of injury. If the property is government-owned, the 120-day written notice requirement applies (MCL 691.1404 for highways and sidewalks, MCL 691.1406 for public buildings), and a claim against the State of Michigan must be filed or noticed in the Court of Claims within 6 months (MCL 600.6431). Evidence preservation is critical — photograph the hazardous condition immediately and report the incident to the property owner in writing.

Why choose Koussan Law for a premises liability case?

Premises liability cases require overcoming aggressive defenses like the open and obvious argument, which property owners still raise even though it no longer ends a case. Koussan Law investigates property inspection records, maintenance logs, prior incidents, and building code compliance to build compelling negligence cases. Attorney Ali Koussan has recovered significant compensation for premises liability victims across Michigan. Call (313) 800-0000.