Premises Liability Attorney in Ypsilanti, Michigan

If you have been injured on someone else's property, you’re probably asking many questions: Whose fault is this? Who’s going to pay for my medical bills? Should I hire a lawyer?

Under the law, every property owner has the legal responsibility for maintenance and upkeep that prevents accidents from happening on their property. When a person is legally on the property of another person or business, they expect to be safe. Unfortunately, not all property owners take their responsibilities into consideration. This can lead to severe injuries and financial stress. Essentially, premise liability cases can be incredibly complex for everyone involved. 

Attorney John Bailey understands the questions that arise in the moments following a personal injury. With over 30 years of experience, Attorney John Bailey strives to provide the individualized guidance and support needed to help you through every step of the legal process. His goal is to ensure you understand your rights, seek to hold the responsible party accountable, and pursue the compensation you deserve.

If you or someone you love has been injured because of someone else’s carelessness, reach out to a lawyer as soon as possible. The Law Offices of John R. Bailey serves the localities of Ypsilanti, Michigan, and neighboring areas of Belleville, Ann Arbor, Kalamazoo, Portage, and the rest of the state.

Understanding Premise Liability

Premise liability is a legal concept within personal injury cases in which the injury sustained was caused by a property owner's negligence or unsafe property conditions. There are three distinct categories of premise liability:

1. Homeowner Premise Liability — If the injury occurs at a home, the homeowner and/or the homeowner’s insurance may be held liable for medical bills.

2. Renter and Landlord Premise Liability — Generally, the responsibility for maintaining a safe property is the responsibility of the landlord or property owner. However, if there are lease agreements for the current tenant to manage and prevent safety hazards, they may be held liable as well. 

3. Business Owner Premise Liability — No matter the business type, business owners are responsible for keeping their properties clear of any potential dangers that can lead to an accident. If they fail to do so, they could be held responsible for damages and loss. 

Although an injured person can file a premise liability claim against any negligent property owner (regardless of whether the property is public or private), liability most often centers around visitor status. In other words, where did the injury take place and why were visitors there? In most states, there are three types of visitors:

1. Invitee — A visitor who was invited directly by the owner of the property or the invitation was implied. An example of an implied invitation would be when the entrance doors of a store that is open for customers.  These visitors are typically engaged in a business transaction. 

2. Licensees — A licensee is usually invited for pleasure or for providing a service. Examples include inviting a friend to dinner or contacting an electrician to work on the property. 

3. Trespassers — A trespasser is an unwanted individual on home or business property. Unless the trespasser is posing a serious threat to someone on the property, a landowner cannot intentionally harm a trespasser. 

Property Owner Duty Of Care

In addition to visitor status, there are certain basic responsibilities that comprise a landowner’s duty of care. This duty of care ensures that the visitor is safe while they are on the property. Although duty of care can vary depending on the uniqueness of the property, there are some common factors that contribute to dangerous property conditions. These dangerous conditions might include:

• Potholes or uneven pavement and sidewalks

• Wet or slippery floors

• Loose railings 

• Broken or missing steps

• Loose or exposed wiring or cables

• Snow and ice accumulation

• Poor or inadequate lighting

• Aggressive or dangerous animals 

• Improperly secured shelving or furniture

When these conditions are neglected or there is no indication for danger, a property owner may be liable for injuries. 

Possible Damages

Visitor status and duty of care are certainly two significant factors that can determine what damages a person can recover in a premise liability claim. Depending on the circumstances and evidence surrounding the injury, you may be able to build a claim for damages that include:

• Medical expenses, including physical and occupational therapy

• Psychological and emotional care

• Property damage

• Loss of income/future income

• Pain and suffering