If you have suffered a serious injury on someone else’s property due to their negligence, you may have an action against the owner of the property for premises liability. If so, you are entitled to damages for medical expenses, loss of income, and all costs related to the accident. To receive maximum compensation, however, you need an excellent personal injury attorney. If your accident occurred in St. Clair Shores or anywhere in Southwestern Metro Detroit, contact The Nunley Law Group, PLLC now for a free consultation.
Because all property owners are responsible for keeping their premises safe, whether you were hurt in your neighbor’s yard, in the supermarket, at a public swimming pool, on a private golf course, or just about any place else, one of our skilled attorneys will fight hard to protect your rights both in and out of the courtroom. Once we determine that you have a viable case, we will strategize how best to prove the defendant’s liability.
It’s important to realize that although typically the defendant in a premises liability case is the property owner, in some situations it may be a tenant, a property manager, or someone responsible for maintenance. As long as the property was unsafe and you were not warned about potential dangers, you likely have a valid claim.
Examples of Premises Liability
Examples of premises liability are not hard to find; they include:
- Uncleared steps or pathways made slippery by ice, snow, or spills
- Unconfined dogs who bite or topple visitors
- Toxic substances (e.g. lead, mold, asbestos) that contaminate the property
- Broken stairs, floors, banisters, frayed carpeting, scatter rugs without matting
- Deteriorating roofs, decks, or balconies
- Unenclosed swimming pools
- Grill fires or other exposed heat sources left unattended
- Broken pavement, unmarked holes
- Obstacles left on steps or walkways
- Exposed electrical wiring
- Defective shelving or building facades that may fall or drop debris
- Poorly lit vestibules, hallways, and parking lots that provide inadequate security
Serious Injuries Due to Premises Liability
Unsafe conditions, like those listed above, may result in fractures, traumatic brain or spinal cord injuries, organ damage, or asphyxiation caused by:
- Slip and falls
- Dog bites
- Being hit by falling objects
- Thermal or electrical burns
- Drowning
- Reactions to toxic chemicals
- Assault
Any of these injuries could result in prolonged recovery, permanent disability or wrongful death.
Services Our Attorneys Will Provide
Whether you are the victim in this case or the victim’s loved one, we are well aware that you have been through a trauma. While you take the time you need to rest and recover, our premises liability lawyers will:
- Investigate the site of your accident
- Handle all communications with the opposing attorneys and insurance adjusters
- Examine police records, medical reports, and any surveillance videos
- Identify and Interview any witnesses
- Identify all responsible parties
- Consult with experts in relevant fields who will testify on your behalf
Above all, we will negotiate a fair and reasonable settlement. If that is not possible outside of court, we are well-prepared to fight forcefully for your rights at trial.
Proving Negligence in Michigan
For a premises liability claim to succeed in Michigan, we must prove that:
- The defendant owned/leased/occupied the property, owing you a duty of care.
- There was a dangerous condition on the property.
- The defendant knew, or reasonably should have known, about the dangerous condition.
- The defendant failed to repair or adequately warn about the hazard.
- The defendant’s negligence was the cause of your injury.
Comparative Negligence in Michigan
In some cases, an injured party is partially responsible for their own injury, for example, if the person was impaired, had a pre-existing issue that put them at elevated risk or failed to notice a warning sign. In such cases, the law allows for shared responsibility or comparative negligence. Michigan follows the principle of modified comparative negligence under which the plaintiff may still be entitled to damages as long as they are not found to be more than 50 percent at fault for the incident.
If there is blame on both sides, the injured party can still receive court-awarded damages, but the funds they receive will be lessened by their percentage of fault. In other words, if they are awarded $100,000 in damages but found to be 20 percent at fault, they will receive $80,000.
Because comparative negligence cases require more intricate negotiations, it is critical to work with a sharp premises liability attorney. At The Nunley Law Group, we take pride in our proven ability to negotiate skillfully and to recover maximum damages no matter what the circumstances.
Types of Damages We Fight For in Premises Liability Cases
With one of our accomplished lawyers at your side, you stand the best chance of recovering the compensation you need and deserve for:
- Medical, surgical, and rehabilitative costs
- Lost income, present and future
- Extended nursing care
- Replacement services
- Pain and suffering
- Emotional anguish
- Loss of consortium
- Loss of enjoyment of life
If you have endured the unbearable loss of a loved one in a wrongful death, you are not alone. We will do everything in our power to recover damages for final medical expenses, funeral, burial or cremation costs, and loss of financial support and companionship.
Contact Our Experienced St.Clair Shores & Detroit Premises Liability Attorneys Today
The Nunley Law Group is ready to provide you not only with the effective legal counsel you need but with the efficient, compassionate service you deserve. Contact us now to experience the peace of mind that comes from putting your case in the hands of dedicated professionals.