In the article Establishing Slip and Fall Cases in Michigan, we discussed the basic question and answer based on the premises liability law in Michigan.
As a continuation of the series, let us discuss the premises liability law and what you need to know.
In the State of Michigan, or anywhere else, injury is taken very seriously. If you are injured because you slipped, tripped, or fell on the premises you were on, you may bring a lawsuit against the possessor of the property for your injuries.
As the injured party, you need to prove the general elements of the negligence claim. This is where your Haque Legal lawyer comes in as your Southfield neck and back injury lawyer.
What are the four basic elements that you must prove?
You need to prove the following:
- That the Defendant owed you a legal duty;
- That the Defendant breached that duty;
- That Defendant’s breach of his or her legal duty was a proximate cause of your injuries; and
- That you suffered damages as a result of the Defendant’s breach of the legal duty.
What is the Duty of Care?
The owner of the property owes every person a legal duty of care. A landowner or a business owner or a property owner must maintain his property to be reasonably safe and prevent the occurrence of any foreseeable accidents.
The owner must maintain its property in a reasonably safe condition given all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden of repairing the defective condition on the landowner. However, a property owner is not an insurer of the safety of people on their property and has no duty to warn or protect against an open or obvious condition that is not inherently dangerous or avoidable. In most cases, the property will argue that the defective condition was open and obvious and therefore damages are not recoverable
Who is the duty of care owed to?
In the next part of the series, we will discuss the Parties In A Slip and Fall Case, but for now, you must know to whom the duty of care is owed. The duty of care is owed to three individuals – the invitee, the licensee, or the trespasser.
What is the main proof that the defendant has a breach of duty?
Generally, when the plaintiff suffered any of the following injuries, caused by the breach of duty, there is a case.
- Bone fractures
- Herniated and ruptured discs
- Torn ligaments and soft tissue injury
- Spinal cord injury
- Traumatic brain injury (TBI)
- Shock injuries and burns
In another part of this article series, Common Injuries of the Premises Liability Law in Michigan, we will discuss these in-depth.
Haque Legal Has Your Back
Here at Haque Legal, we always have your back. Make sure that on your first free consultation we tell you everything that you need to know about your case as well as the cost and the expenses that would be associated with the filing of your case.
The consultation is free for the first time because we understand that you need to at least have that guidance coming from a reputable law firm and lawyer to assess your case. If you have a personal injury case and you need a lawyer to handle it you can always contact our law firm and we can talk about your situation and the best way that we can handle it, especially in terms of the expenses.
Let Haque Legal Help You With Your Case
If you require a lawyer who can assist you with ensuring that you protect your rights, it is important to know that you also have a team that can help you out with your specific needs.
Our law firm is dedicated to making sure that those who are innocent will be protected by the law and that the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out
If you need a lawyer to help you during your proceedings, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.