Premises Liability

In many situations, people are injured on someone’s premises.

Premises liability claims can include statutory claims (arising out of your rights as a tenant, for example) and also involve claims of simple negligence. In some circumstances, it is strategically necessary and advisable to bring negligence claims rather than a premises liability claim because of anticipated and known defenses.

In Michigan, for example, premises liability claims have been eroded by the courts, changing legal precedents that were in existence for decades prior to the politicization of, and lobbying regarding, judicial appointments. Some legal claims that used to exist from the 1970s through the 1990s no longer exist today.

In many circumstances, the legal duties owed to you by a premises owner or operator depends upon whether or not you are an invitee, licensee, or a trespasser. The highest duty owed is to a person who is an invitee. However, what used to make a person an invitee has also changed in recent years, making it necessary for a person to consult with an experienced attorney to determine if a successful claim can be brought and under what legal theories.

Some of the types of cases that have led to significant premises liability claims pursued on behalf of clients represented by us include multi-million dollar claims from propane leaks and fires (at residences, at work sites, from apartment rentals), safety violations at colleges, scald burns (in apartment complexes, assisted living facilities, houses), to crush injuries (from forklifts to construction equipment) and many others.