Premises Liability (Slip and Fall) in Michigan

Hi. My name is Andrew Miller. I’m a personal injury attorney with Thomas, Garvey & Garvey located in St. Clair Shores, Michigan. I want to take a minute to discuss with you today premises liability in Michigan.

Premises liability cases involve injuries that occur on somebody else’s land. The traditional example would be a slip and fall. In Michigan, like many other states, landowners have a duty to inspect their land and warn and protect you against dangers that are on the land.

However, in Michigan, there’s a very powerful judicial doctrine, known as open and obvious. Open and obvious basically means that a landowner doesn’t have a duty to inspect his land and protect you against dangers that an average person of ordinary intelligence would discover on their own.

This sounds simple, but it really isn’t. For example, in one case a blind man slipped and fell on a pool of standing water in a bathroom. Now, his premises liability claim was rejected because the court said that an average person of ordinary intelligence, that is someone who could see, would have discovered that pool of water.  So the court literally gave a blind man sight, and rejected his premises liability claim.

Premises Liability (Slip and Fall) in Michigan

Now, there are ways around the open and obvious defense. Before you file a premises liability claim, or talk to a personal injury attorney about a potential claim, you need to make sure that that attorney knows the ins and outs of premises liability, and especially the open and obvious defense. So I would encourage you, if you have any questions or a potential claim,  call one of our experienced personal injury lawyers today at 586-779-7810.

We have recovered more than one-hundred and seventy-two million dollars in verdicts and settlements for our clients. Let us help you seek the compensation you deserve.