How To Prove A Michigan Premises Liability – Invitee Claim
In Michigan, a claim of Premises Liability – Invitee is defined as:
Premises liability occurs when a property owner fails to keep his or her property safe for lawful visitors, resulting in injury to a visitor. (Might also be referred to as Slip and Fall).
It simply means:
A person is injured on another’s property due to the owner’s negligence.
There are 5 elements of the claim:
- Element 1. The plaintiff was an invitee on the defendant’s property. The plaintiff was someone who had permission to be on the defendant’s property, like a customer in a store, which means the property owner has a responsibility to keep the area safe for them.
Facts that might support this element look like:
* The plaintiff entered the defendant’s property for a business purpose, specifically to purchase goods from the defendant’s store.
* The defendant had a clear invitation for the public to enter the property, as evidenced by open signage and advertisements.
* The plaintiff was not a trespasser, as they followed the designated pathways and areas intended for customer use.
* The defendant had a duty to maintain the property in a safe condition for all customers, including the plaintiff.
* The plaintiff was engaged in a transaction that benefited the defendant, establishing their status as an invitee. - Element 2. The defendant knew or should have known of a dangerous condition on the premises. The defendant was aware, or should have been aware, of a hazardous situation on their property that could harm visitors, and they failed to take steps to fix it or warn people about it.
Facts that might support this element look like:
* The defendant received multiple complaints from patrons about a slippery floor in the main entrance area prior to the incident.
* The defendant’s staff had previously reported the broken handrail on the staircase, which had not been repaired for several weeks.
* The defendant conducted regular safety inspections but failed to address the exposed wiring in the hallway, which posed a risk to visitors.
* The defendant was aware of recent weather conditions that caused ice accumulation on the outdoor steps but did not take any precautionary measures.
* The defendant had a history of similar incidents occurring in the same location, indicating a pattern of negligence regarding safety hazards. - Element 3. The defendant failed to inspect the premises, fix the condition or defect, guard against it, or warn the invitee of it. The defendant did not check the property for dangers, fix any problems, take steps to prevent accidents, or inform visitors about potential hazards, which can make them responsible for injuries that occur on their property.
Facts that might support this element look like:
* The defendant was aware of the broken step on the staircase but did not take any action to repair it.
* The defendant received multiple complaints from patrons about the slippery floor but failed to place warning signs or clean the area.
* The defendant conducted regular inspections of the premises but neglected to address the loose railing on the balcony.
* The defendant had a maintenance schedule in place but did not include checks for potential hazards in high-traffic areas.
* The defendant was informed by employees about the faulty lighting in the parking lot but did not take steps to improve visibility for guests. - Element 4. The defendant’s breach caused the plaintiff’s injury. The defendant’s failure to keep the property safe directly led to the plaintiff getting hurt, showing that the injury was a result of the defendant’s negligence in maintaining a safe environment for visitors.
Facts that might support this element look like:
* The defendant failed to repair a broken step on the staircase, which was a known hazard to invitees.
* The plaintiff tripped and fell due to the uneven pavement in the defendant’s parking lot, which had been reported multiple times prior to the incident.
* The defendant did not place warning signs around a wet floor, leading to the plaintiff slipping and sustaining injuries.
* The lighting in the defendant’s hallway was inadequate, contributing to the plaintiff’s inability to see a significant obstacle.
* The defendant’s security measures were insufficient, allowing an unsafe environment that directly led to the plaintiff’s injury. - Element 5. The plaintiff suffered damages. The plaintiff experienced harm or loss, such as injuries or financial costs, as a direct result of unsafe conditions on someone else’s property, which is a key part of proving that the property owner is responsible for the incident.
Facts that might support this element look like:
* The plaintiff slipped and fell on a wet floor in the store, resulting in a fractured wrist that required medical treatment.
* The plaintiff incurred significant medical expenses due to the injuries sustained from the fall, including surgery and physical therapy.
* The plaintiff missed three weeks of work due to the injury, resulting in lost wages and diminished earning capacity.
* The plaintiff experienced ongoing pain and suffering as a result of the accident, impacting daily activities and quality of life.
* The plaintiff has incurred costs for ongoing medical care and rehabilitation related to the injuries sustained on the premises.
(See Kandil-Elsayed v. F & E OIL, INC., 1 NW 2d 44 – Mich: Supreme Court 2023. Lowrey v. LMPS & LMPJ, INC., 890 NW 2d 344 – Mich: Supreme Court 2016. Riddle v. McLouth Steel Prod. Corp., 440 Mich. 85, 96, 485 N.W.2d 676 (1992). Lanctoe, 492 Mich. 450, 460, 821 N.W.2d 88 (2012).)
If you’re representing yourself in court and plan to assert a claim of Premises Liability – Invitee, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate the complexities of your case effectively.
Prove Your MI Premises Liability – Invitee Claim
U.S. Civil Cases Only
