Premises Liability Attorney
Premises Liability Attorney Rochester Michigan

Premises Liability

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Premises Liability Attorney Rochester Michigan
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Premises Liability Attorney Rochester Hills

Premises Liability

A slip and fall accident can occur almost anywhere – a sidewalk with ice and snow, in a retail store, or in a commercial building.  Thousands of people each year claim injuries from such slip and fall accidents.  However, the Michigan courts have provided numerous defenses to premises liability claims.  The law firm of MacArthur, MacArthur & Associates, P.C. will efficiently and economically develop the best possible defenses to these common claims. 

Invitees, Licensees and Trespassers

Michigan case law has provided numerous defenses to premises liability claims.  Although the possessor of a premises has a duty to act with reasonable care, the court recognize that this standard of care varies depending on whether the plaintiff is an invitee, a licensee, or a trespasser.  There are significant limitations on the duties possessors of a premise owe to licensees and trespassers – but even the duties owed to invitees are limited.

Open and Obvious Defenses

Where a hazard is open and obvious, the courts have held that the premises holder does not have a duty to diminish such hazards, including snow and ice.  Michigan courts have broadly construed this defense. 

Lack of Notice Defenses

Michigan courts have long held that to state a prima facie premises liability case, the plaintiff must prove that the defendant knew or should have known of the alleged defective condition.  This requirement puts plaintiffs in a difficult situation.  If a hazard was noticeable such that the defendant should have known of its existence, then the case may be dismissed as a result of the open and obvious hazard defense.  However, if the hazard could not be seen, then the case may be dismissed based on the defendants lack of notice.

We’re the Right Choice for You

All of this means that discovery must be conducted carefully to determine the nature of the hazard, the plaintiff’s actual or constructive knowledge of the hazard and the defendant’s notice of the hazard or lack thereof.  Indeed, defenses to premises liability claims abound in Michigan. Contact the attorneys at MacArthur, MacArthur & Associates, P.C. to discuss how we can help you defense your premises liability claim. 

 

Premises Liability Attorney Rochester Hills

 
 
 
 
 
 
 

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