Legal Question in Personal Injury in Michigan

Re: homeowner liability

The answer to your question depends on many factors. First, it depends whether the person who was injured was a trespasser, a social guest, or on the property for business purposes. A propery owner has different duties and obligations depending on which category the injured person falls into. The highest duty is owed to a business invitee (a person on the premises for a business purpose), but a duty is also owed to social guests and known trespassers. If there is a dangerous condition on the property, a property owner may be held liable. That liability extends to lost wages.

The second factor to consider is what caused the slip and fall. Was it ice or snow? A slippery substance on the floor? some other dangerous condition? This is important in detremining whether the property owner knew or should have known about the dangerous condition. It is also important because the courts often hold that if the dangerous condition is "open and obvious," the property owner has no duty to eliminate the condition or to warn of its existence.

The above is true for renters also, provided they have control over the area where the injury occurred.

I hope that this has been beneficial in answering your questions. If you should have additional questions or would like to discuss this matter further, please feel free to contact me at our toll free number (866)737-5544.

Shannon L. Wirth, Esq.