property that directly
lead to personal injury. While some cases
involve a “slip and fall” or “trip and fall,”
many premises liability claims arise from
defective stairs and railings, violation of
building codes, violation of leases, as well as
substandard materials and workmanship. Michigan
case law had become increasingly critical of
these claims and many are defended and dismissed
by application of the judicially created concept
of “open and obvious”, wherein the courts hold
that despite a defective or dangerous condition
of the land, no duty arises on the part of the
landowner if the injured person should have seen
and avoided the condition. There are certain
exceptions to this judicially created rule of
lack of duty and I can review your specific
facts to determine if I can help you. Further it
may be that Michigan Courts are becoming
slightly more receptive to these claims, so it
is critical to obtain a legal consultation as to
the specifics of your potential case.
There is usually a
3 year statute of
limitations in regard to these claims (MCL
§600.5805) but shorter time limits apply in the
regards to
public sidewalks,
highways and
buildings,
so legal consultation is a must.
Construction site accident claim can also be
premises liability claims, but generally are
more complex due to the number of entities
involved in running/working on a construction
site (please see the
Construction Accident Litigation
Practice Areas) for more information
regarding these types of claims).
