The attorneys at MacArthur, MacArthur & Associates, P.C. efficiently and economically develop the best possible defenses to premises liability claims. A slip and fall accident can occur almost anywhere, such as on a sidewalk with ice and snow, in a retail store, or in a commercial building. Thousands of people each year claim injuries from these types of slip and fall accidents. We aggressively assert the numerous defenses to premises liability claims provided under Michigan law.
Although the possessor of business or private property has a duty to act with reasonable care, Michigan courts recognize that the standard of care varies depending on whether a person on the premises is an invitee, a licensee, or a trespasser. There are significant limitations on the duties a possessor of premises owes to licensees and trespassers, and even the duties owed to invitees are limited.
When a hazard is open and obvious, Michigan courts have established that the premises holder does not have a duty to diminish such hazards, including snow and ice. Judges have broadly construed this defense.
Our state courts have long held that to establish a prima facie premises liability case, a plaintiff must prove that the defendant knew or should have known of the alleged defective or dangerous condition. This requirement puts plaintiffs in a difficult situation. If a hazard was noticeable, so that the defendant should have known of its existence, then the case may be dismissed as a result of an open and obvious hazard defense. However, if the hazard could not be seen, then the case may be dismissed based on the defendant’s lack of notice.
In a premises liability case, 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. Defenses to premises liability claims abound in Michigan. Our experienced premises liability attorneys know how to vigorously defend against these cases.
Our premises liability lawyers at MacArthur, MacArthur & Associates aggressively defend against claims by pursuing all potential defenses to a claim. You can count on us to conduct a thorough analysis to ensure your exposure is properly limited or eliminated.
From our offices in Metro-Detroit, Lansing, and Gaylord, we provide legal services to businesses throughout Michigan’s lower and upper peninsulas. We invite you to contact us to discuss your premises liability defense needs.