Premises liability is a legal concept that holds property owners liable for maintaining safe property conditions to avoid injuring visitors, tenants, or customers.
Michigan state law makes property owners responsible for upholding structural integrity that protects people against accidents or injuries on the premises. They could face legal liability due to premises liability laws when this obligation is breached.
Premises Liability
Premises liability is a legal doctrine that places property owners responsible for maintaining safe conditions on their properties, paying particular attention to the structural integrity of buildings, staircases, walkways, and balconies.
Property owners should regularly inspect their premises to identify possible dangers, such as building decay and structural flaws, that might contribute to accidents; otherwise, they could face liability under negligence statutes.
Michigan Premises Liability Laws
Michigan follows comparative negligence principles regarding premises liability cases, meaning property owner and injured parties' acts will be considered when establishing liability and compensation amounts. Under Michigan Law, property owners have an obligation:
Maintain Reasonably Safe Premises
Property owners must strive to create and maintain premises that are free from hazards that might foreseeably endanger visitors, including making sure all structural elements of their properties remain sound and in good repair.
Warn of Known Hazards
When property owners become aware of structural problems that pose risks for visitors but cannot immediately rectify, they must inform individuals entering their premises accordingly and give sufficient warning of these potential issues.
Conduct Regular Inspections
Property owners should conduct periodic inspections to quickly identify and address structural concerns or face potential legal ramifications for failing to take appropriate measures. Failing to achieve this critical maintenance can have serious legal repercussions.
Duties Owed to Invitees
The level of care due to visitors depends upon their classification; invitees who enter the property for business reasons should receive priority consideration in terms of respect due them.
Failure to Properly Maintain Structural Integrity
Michigan premises liability laws place particular importance on failure to uphold proper structural integrity, in which owners neglect upkeep on buildings and other structures, leading to potentially hazardous situations.
Common Examples
1. Building Collapse: Ageing or poorly maintained structures may deteriorate over time, increasing their susceptibility to collapse and endangering people's safety. Property owners who neglect structural issues could face legal consequences if an incident leads to injuries or fatalities caused by such collapse.
2. Unsafe Staircases and Walkways: Faulty or poorly built stairs and walkways can lead to dangerous slip-and-fall accidents with severe consequences, injuring property owners. It is, therefore, imperative that they are kept in good repair without hazards such as cracks.
3. Balcony Failures: Balconies that do not adhere to code can pose a significant danger for residents and guests; collapsing balconies can result in serious injuries; as soon as potential structural problems emerge, they must be promptly addressed by property owners.
4. Roof Hazards: Falling debris or compromised roofs pose potential threats for property owners, so regular inspection and maintenance are recommended to safeguard against potential accidents.
5. Structural Weakness: Any indications of structural weakness, such as cracks in walls, sagging ceilings, or tilted structures, must be immediately investigated to minimize potential accidents and injuries.
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