Premises Liability

As in many states, Michigan’s premises liability laws are ever changing.  Injuries caused by black ice, a slippery walkway, or an object stored on the property may or may not be recoverable against the property owner depending upon the current state of the law and the underlying facts of the incident.  Halpert, Weston, Wuori and Sawusch, P.C. has successfully pursued premises liability claims persuading courts and juries that the average, casual observer could not have discovered an existing danger on the premises.

Generally, a property owner in control of the premises owes a duty to those entering the land (called invitees) to inspect the premises for hazards that might cause injury. The landowner’s duties include warning of known dangers and making the premises safe.  The landowner must inspect the premises and, depending upon the circumstances, make necessary repairs to make the premises safe.  When repairs have not yet been completed, or are not possible, the property owner must warn the invitees of all discovered hazards.

Exceptions to the landowner’s duties exist when the dangers are known to the invitee or are so obvious that the invitee might reasonably be expected to discover them.  In those limited situations, a premises owner/controller owes no duty to protect or warn the invitee unless harm is anticipated despite the invitee’s knowledge of it.  In other words, when a potentially dangerous condition can be discovered by a reasonable person’s casual observation, the premises owner owes no duty to warn of the danger’s existence.

To determine whether a dangerous condition was “open and obvious,” Michigan courts have applied the following test: Would an average person of ordinary intelligence discover the danger and the risk it presented on casual inspection?  Currently, courts focus on the objective nature of the condition of the premises rather than the subjective degree of care used by the injured invitee.  The question is not whether this invitee could or should have discovered the danger, but whether the danger was observable to the average, casual observer.

Halpert, Weston, Wuori & Sawusch, P.C. monitors the premises liability laws closely.  A few of the cases we have successfully litigated in this area of the law include: Butler vs. Walmart (jury verdict $5.2 Million Dollars with 25% comparative); Dyson v Formula K ($2.26 Million Dollar jury verdict); and Murk vs. Medallion Management (settlement $2 Million Dollars).

For further information and assistance, please contact us at 800.400.9115.