Premises Liability
Elements for Establishing Negligence in Premises Liability Cases
To establish a premises liability claim, four fundamental elements must be proven:
Legal Duty:
The Defendant owed you a legal duty.Breach of Duty:
The Defendant breached that duty.Causation:
The Defendant’s breach of duty was a proximate cause of your injuries.Damages:
You suffered damages as a result of the Defendant’s breach of duty.
Legal Duties Owed in Premises Liability Cases
Determining whether you have a premises liability case begins with identifying if the Defendant owed you a legal duty and the extent of that duty. A Defendant’s legal duty arises from their possession and control over the property. However, ownership alone does not necessarily equate to control. Additionally, the extent of the duty owed depends on the Plaintiff’s status on the property.
In Michigan, the duty owed by a property possessor depends on the purpose for which the Plaintiff was on the land at the time of the injury. Michigan law classifies Plaintiffs into three distinct categories: invitees, licensees, and trespassers. The level of care owed by the Defendant varies for each category.
Duties Owed to Different Categories of Plaintiffs
1. Invitees
Invitees enter the premises to confer a commercial benefit upon the Defendant. They are owed the highest duty of care under Michigan law. A property possessor must:
- Maintain the premises in a reasonably safe condition.
- Warn of any dangers they know about, should know about, or created themselves—unless
those dangers are open and obvious. - Inspect the premises to discover potentially hazardous conditions.
2. Licensees
Licensees are individuals who enter the land with the express or implied permission of the Defendant. This includes social guests and attendees of certain events such as church services. The duty owed to licensees includes:
- Taking reasonable care to make known hazardous conditions safe.
- Warning licensees of dangerous conditions that the Defendant knows or should know about.
- Unlike invitees, possessors are not required to inspect the premises for potential hazards.
3. Trespassers
A trespasser is any individual who enters a property without permission. As a general rule:
- A premises possessor owes no duty to unknown trespassers.
- If a possessor is aware of a trespasser’s presence, they must refrain from willful or wanton conduct that could cause serious harm or death to the trespasser.
Understanding these distinctions is crucial in evaluating liability in a premises liability claim. If you have suffered an injury due to unsafe property conditions, knowing your legal status on the premises can help determine your rights and the obligations of the property possessor
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- Premises Liability
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- Michigan Torts
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