What Is Premises Liability?

Premises liability refers to the legal responsibility of property owners or occupiers to maintain safe conditions on their property. If someone is injured due to a dangerous condition—like a wet floor, broken stair, or inadequate lighting—the property owner may be held liable for failing to fix or warn about the hazard.

Premises liability claims in Michigan apply to both residential and commercial property and can include slip and falls, dog bites, inadequate security, unsafe structures, and more.

Michigan Premises Liability Law

Under Michigan law, property owners have a duty of care based on the status of the visitor:

• Invitees (e.g., shoppers or customers): Property owners owe the highest duty to invitees. They must inspect the property for hazards and either fix or warn about them.

• Licensees (e.g., social guests): Owners must warn of known dangers that may not be obvious.

• Trespassers: Property owners typically owe limited duty to trespassers, except in cases involving children (e.g., an attractive nuisance like a pool or trampoline).

To succeed in a premises liability case, the injured person must typically prove:

1. The property owner owed them a duty of care.

2. That duty was breached by the owner’s negligence.

3. The breach directly caused the injury.

4. The injured party suffered actual damages (medical bills, lost wages, pain and suffering, etc.).

Common Examples of Premises Liability Cases

• Slip and Fall Accidents in grocery stores or restaurants due to spills or icy walkways.

• Trip and Falls caused by uneven sidewalks, broken railings, or loose carpeting.

• Inadequate Security leading to assault or injury in apartment complexes or parking structures.

• Dog Bites or other animal attacks that occur on the owner's property.

• Swimming Pool Injuries resulting from lack of barriers, supervision, or warning signs.

• Falling Merchandise in retail stores due to improper shelving or stacking.

Open and Obvious Doctrine in Michigan

Michigan law used to include a defense known as the “open and obvious” doctrine. If a hazard was considered obvious to a reasonable person, a property owner may not have been held liable for injuries resulting from that hazard. However, The Michigan Supreme Court overturned the open and obvious doctrine in premises liability cases on July 28, 2023, in the cases of Kandil-Elsayed v. F & E Oil, Inc. and Pinsky v. Kroger. Now, Michigan Courts may reduce an award of damages based on a comparitve negligence theory (if the injured person was found to be paritally at fault), but the open and obvious nature of a hazard is no longer a complete bar to recovery.

This makes legal representation critical—an experienced attorney can argue against unfair use of this defense and help build a strong case on your behalf.

How Nunley Law Group Can Help

At The Nunley Law Group, we understand how a serious injury can disrupt your life—physically, emotionally, and financially. Our legal team thoroughly investigates your case, collects evidence (including surveillance footage, witness statements, and maintenance records), and fights to prove the property owner’s negligence.

We have the experience and skill to negotiate with insurance companies or take your case to court if necessary. You don’t have to go through this alone. If you or a loved one was injured on someone else’s property, we’re here to help you seek the full compensation you’re entitled to under Michigan law.

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The Nunley Law Group

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