Detroit Premises Liability Claim: Here’s What To Know

It’s important to know that to win a Detroit premises liability claim, you will need to: (1) establish your “status” on the property at issue, (2) show that the owner had “possession and control” of the property, (3) prove the existence of the dangerous condition that caused your injury, and (4) prove that the owner was negligent.

An experienced premises liability lawyer can file your lawsuit, help you prove each of these elements, and fight to get you full compensation for your medical bills, lost wages, and pain and suffering. 

Hiring the best lawyer you can find as quickly as possible is critical to the success of your case. The sooner you hire a qualified lawyer, the sooner he can begin to build your case and negotiate a maximum settlement. Hiring a lawyer costs you nothing unless you win, so hire the best one you can find. You want a lawyer who specializes exclusively in premises liability cases, has handled hundreds of them and won multiple million-dollar settlements and verdicts, and has a strong reputation in the field and among former clients. Hiring the right lawyer will ensure that your legal rights are protected and you get the best possible financial result.

What is a premises liability claim?

A premises liability claim is a legal action seeking damages for an injury that occurred on someone else’s property because the property owner failed to make the property safe or inform people on the property of any known dangers. A successful claim requires you to prove several specific elements. An experienced premises liability lawyer who understands these elements and knows how to prove them can help you file your lawsuit and recover maximum compensation.

Common types of claims

The three most common types of claims are: 

• Slip and fall/trip and fall – These are the most common types of premises liability claims. They typically result from dangerous conditions such as spilled liquids or food on the floor, ice and snow on walkways and in parking lots, cracked or uneven floors and sidewalks, defective stairs and railings, hidden cords, and unsecured rugs and carpets.
• Negligent Security – A property owner may have a duty to provide security, especially if criminal activity or other violent events have occurred on their property in the past.
• Dangerous animals – Pet owners are generally required to restrain their animals or warn visitors if the animal may act aggressively, especially if there’s a history of such behavior.

How much is my claim worth?

The value of your claim depends on several key factors, including: 

• The extent of your injuries
• The strength of your evidence
• Whether liability is clear
• The property owner’s insurance coverage and financial assets
• Your attorney’s reputation

How to file a claim

To file a successful premises liability claim you should follow these important steps:

• Hire an experienced premises liability attorney – A skilled attorney who specializes in premises liability litigation will help you prove the requisite elements, file your lawsuit on time, and maximize your chances of receiving a full and fair settlement.
• Gather and preserve evidence – Your attorney will gather evidence, such as photos, surveillance footage, incident reports, and witness statements that will strengthen your case.
• Conduct discovery – Your attorney will then gather additional evidence by deposing witnesses, including the property owners or manager, further strengthening your case.
• File your case – Finally, your lawsuit will be filed in the jurisdiction where the accident occurred.

What are the elements of a premises liability case?

To win a premises liability case, you must prove the following premises liability elements:

• Your status – Whether you were an “invitee” (on the property for the owner’s financial benefit) or a “licensee” (on the property with the property owner’s permission, but not for the owner’s financial benefit) will determine the duty the property owner owes you (M Civ JI 19.01)

• Possession & control – The property owner must have had possession and control over the property to face liability (M Civ JI 19.02)
• Dangerous condition – There must have been a dangerous condition on the property
• Negligence – The property owner must have been negligent

To prove the property owner was negligent, you will need to prove the following elements:

• Duty – The property owner had a duty to keep you safe
• Breach – The property owner breached this duty
• Causation – The property owner’s breach caused your injuries
• Damages – As a result of your injuries, you incurred actual damages, such as pain and suffering, medical bills, and lost wages.

Do I need a lawyer to file a claim?

Although you aren’t legally required to hire an attorney to file a claim, doing so is certainly in your best interests. A skilled Michigan premises liability lawyer will gather and preserve critical evidence, conduct discovery, file your lawsuit in a timely manner, prove all the elements of your claim, and settle your case for the maximum possible amount in the least amount of time.

Keep in mind that time is of the essence in a premises liability action. Many times, the hazard that caused your injury is cleaned up, fixed, or removed before it can be fully documented. In addition, important documents such as surveillance videos and incident reports go missing. And of course, witnesses’ memories fade and they can be difficult to locate.

The sooner you get help from a qualified premises liability lawyer, the sooner you can settle your case for a significant amount.

And best of all, reputable personal injury lawyers work on a contingency fee basis, meaning you can hire the best and most qualified lawyer and you won’t ever pay a dime unless you win.