Premises Liability

If you were injured at a public park—on a trail, near a playground, or during a city event—you may have a case if:

• The injury was caused by a known dangerous condition,
• The city had notice and failed to fix it,
• Or if it was due to gross negligence.

Common examples:

• Broken benches or paths
• Dangerous playground equipment
• Poor lighting leading to falls

But you MUST act fast. 120-day notice for government liability applies in most cases.

If the pool is city- or county-owned, your timeline is SHORT.

You typically must:

• File a notice of injury within 120 days of the incident,
• And then file a lawsuit within 2 years under Michigan’s governmental immunity laws.

If it’s a private or hotel pool? You may have 3 years to sue under Michigan's personal injury statute.

Public pools must follow safety standards (e.g., working drains, non-slip surfaces, lifeguards if required). When they fail, you may have a case for gross negligence.

Yes, and you absolutely should if the injury was due to the hotel’s negligence.

Hotels owe you what's called a “duty of care”—meaning they must keep the premises reasonably safe. If you were injured due to:

• A broken stairwell,
• A wet floor with no warning signs,
• Faulty locks or security,
• Bedbugs or other health hazards…

You may have a premises liability claim under Michigan law.

Keep documentation: photos, witness info, medical records, and the incident report (if they made one). Hotels will protect themselves first. We protect you.

‍

Possibly. Airbnb hosts have a duty to maintain a safe environment for guests. If you were hurt because of:

• Broken stairs or railings
• Unmarked hazards
• Faulty smoke detectors
• Lack of basic safety equipment

Then the host—or even Airbnb itself—could be liable under premises liability.

Michigan law allows injury victims to sue property owners who fail to warn of or fix hidden dangers.

But here’s the twist: Airbnb cases often involve multiple layers of responsibility. That’s where having a fierce legal team like ours makes a difference.

‍

Maybe. Cities in Michigan can be liable if:

• The sidewalk had a dangerous defect (generally over 2 inches),
• The city had actual or constructive notice of the hazard,
• And they failed to repair it within a reasonable time.

But under MCL 691.1402a, the standard is strict.

Good case example: You tripped on a lifted concrete slab in a residential area with known complaints to the city.

Harder case: You were texting and didn’t see an obvious defect.

Yes, but it’s complicated. When your child is hurt on public property—like a city-run playground—you may have a claim against a government entity. However, Michigan law gives cities and counties governmental immunity, which makes suing them more difficult than suing a private party.

You may still have a case if:

• The injury was caused by a defective playground design or poor maintenance.
• The government failed to repair or warn about known hazards.
• The equipment violated safety codes or regulations.

If your child was hurt because of something like broken monkey bars or exposed bolts, you might have a claim under Michigan’s “dangerous condition of public property” exception.

Act fast: You may have only 120 days to file a notice of injury with the city or township. Don’t wait.

With the abolition of the "open and obvious" doctrine, courts will now assess:

• Whether the property owner owed a duty to the injured party.
• If the property owner breached that duty.
• The nature of the hazardous condition.
• The actions taken by the owner to address or warn about the hazard.
• The comparative fault of both parties involved.

This comprehensive analysis allows for a more nuanced determination of liability.

How does Michigan's comparative fault law interact with this change?

Under Michigan's comparative fault law, if an injured party is found to be more than 50% at fault for their injury, they cannot recover non-economic damages like pain and suffering but can still recover economic damages. This ruling emphasizes a balanced assessment of fault between property owners and injured individuals.

How can Marko Law assist with premises liability cases following this change?

At Marko Law, we stay abreast of legal developments to provide informed representation. If you've been injured on someone else's property or are a property owner facing a premises liability claim, our experienced attorneys can help navigate the complexities of the law, assess the merits of your case, and advocate on your behalf.

For personalized legal guidance, contact Marko Law at (313) 777-7LAW to schedule a consultation.

‍

The Michigan Supreme Court overturned this doctrine in July 2023, ruling that it should no longer be part of the duty analysis in premises liability cases. The court emphasized evaluating whether property owners breached their duty to protect visitors from unreasonable harm, regardless of whether a hazard was open and obvious.

 What types of hazards could be affected by this ruling?

Hazards can include physical conditions like potholes, defective flooring, poor lighting, or faulty equipment. They can also result from human actions, such as leaving spills uncleaned, obstructing walkways, or failing to maintain safety protocols.

How might this ruling impact property owners in Michigan?

Property owners, especially those with high-traffic areas like retail stores, offices, and apartment complexes, may face increased exposure to premises liability lawsuits. It's crucial for them to proactively identify and remedy potential hazards, maintain thorough inspection records, and ensure clear communication about any dangers on their property.

Does this mean property owners are automatically liable for all injuries on their property?

No, property owners are not automatically liable for all injuries. Courts will consider whether the owner took reasonable steps to prevent harm and whether the injured party exercised reasonable care. Liability will be determined based on the specific circumstances of each case.

How does this change affect individuals injured on someone else's property?

Individuals who suffer injuries on another's property may now have a stronger basis to pursue legal action, even if the hazard was apparent. It's essential for injured parties to document the scene, gather witness statements, and seek legal counsel to evaluate their case.

What should property owners do in response to this ruling?

Property owners should:

• Regularly inspect their premises for potential hazards.
• Promptly address and rectify dangerous conditions.
• Clearly warn visitors of any known dangers.
• Review and update maintenance protocols.
• Consult with legal professionals to understand their obligations and mitigate potential liabilities.

‍

In July 2023, the Michigan Supreme Court abolished the "open and obvious" doctrine, significantly impacting premises liability law in the state.

The "open and obvious" doctrine previously held that property owners were not liable for injuries caused by hazards that were apparent and could be easily avoided by a reasonable person. If a danger was deemed "open and obvious," property owners had no duty to warn visitors about it.

‍

-Property owners

-Landlords

-Property management companies

-Retailers or businesses leasing space

-Construction companies or subcontractors

-Government agencies We investigate every angle, from video surveillance to building code violations. If someone cut corners, we’ll expose it—and we’ll make sure they pay for the damage.