Property owners set the conditions. When those conditions injure someone, there’s accountability.

Premises liability is the legal framework behind what most people call slip and fall, but it covers far more ground. Negligent security that allowed an assault. A poorly maintained stairwell that gave way. A malfunctioning door in a commercial building. Carbon monoxide from a defective heating system. Anywhere a property owner’s failure to maintain reasonably safe conditions causes someone harm, premises liability applies. Michigan’s law in this area shifted dramatically in 2023, and what used to be an uphill battle for injured visitors is now a very different legal landscape. Scott Reizen knows it from both sides of the docket.

What Michigan Law Says About Premises Liability

A property owner’s duty depends on why you were there. Michigan law recognizes three visitor categories, each carrying a different standard.

Invitees are people on the property for a business purpose, customers, clients, patients, employees. The property owner owes them the highest duty: exercise reasonable care, conduct reasonable inspections, and warn of or fix hazards. Licensees are social guests or others present with permission but not for commercial reasons. The owner must warn of known dangers but has no duty to inspect for hidden ones. Trespassers are owed only the duty not to be willfully or wantonly injured.

For decades, one of the most powerful tools in a property owner’s arsenal was the “open and obvious” doctrine. Under Lugo v. Ameritech (2001), Michigan courts held that if a hazard was plainly visible a puddle on a floor, ice on a walkway, a clearly broken step, the property owner owed no duty because the visitor could see the danger and avoid it. Courts dismissed hundreds of legitimate cases on this basis.

In 2023, the Michigan Supreme Court fundamentally changed the law in Kandil-Elsayed v. F & E Oil, Inc. The court overruled Lugo and held that open and obvious is no longer a duty question at all. Instead, it is a factor in comparative fault, the jury weighs whether the plaintiff should have seen and avoided the hazard against the property owner’s failure to eliminate it. The practical effect is significant: premises cases that would have been thrown out at summary disposition now reach a jury.

The general statute of limitations for premises liability claims is three years from the date of injury under MCL 600.5805.

How Premises Liability Cases Work in Michigan

Most premises liability cases run through a property owner’s commercial general liability insurance, or, for residences, a homeowner’s policy. From the moment an incident is reported, the insurer’s claim team begins building a file aimed at minimizing what they pay out.

The defense strategy in these cases is predictable. They argue you were inattentive, you were in a restricted area, you were wearing improper footwear, the hazard was open and obvious (an argument that now goes to the jury, not a dismissal motion). In negligent security cases, they argue the crime was unforeseeable. In structural failure cases, they argue the condition was hidden and not something a reasonable inspection would have found.

The plaintiff’s burden is to show the property owner knew or should have known about the dangerous condition, had a reasonable opportunity to fix it, and failed to act. Timing matters, how long the hazard existed, when the property was last inspected, and whether prior similar incidents had occurred are all critical. Michigan’s comparative negligence rule under MCL 600.2959 means your own conduct will be scrutinized. If you’re found more than 50% at fault, you lose noneconomic damages.

Negligent security cases deserve special mention. When someone is assaulted on commercial property, in a parking garage, a hotel, a retail store, the property owner may be liable if they knew or should have known the location was high-risk and failed to provide adequate security. These cases require detailed analysis of crime statistics, the owner’s prior knowledge, and what reasonable security measures would have prevented the harm.

What The Reizen Law Group Does Differently

Scott spent years on the insurance defense side of premises liability cases. He has handled them from the initial investigation through trial, from the defense perspective. He knows how insurance companies evaluate these claims, what their reserve strategies look like, and which arguments they rely on most.

Kandil-Elsayed created substantial new opportunities for premises liability plaintiffs in Michigan. But the cases don’t win themselves. The evidentiary work still matters: securing surveillance footage before it gets overwritten, obtaining maintenance and inspection records, identifying witnesses, retaining the right liability expert. Scott knows what those records look like when they’re genuine and what they look like when they’ve been manipulated after the fact.

He also knows how to read an insurer’s litigation posture. Some cases settle early because the liability is clear. Others require pushing all the way through discovery and into trial preparation before an insurer moves. Knowing which is which, and how hard to push and when, is the product of over two decades of experience on both sides.

Former insurance defense. Now fighting for the injured. No fee unless we win.

Common Types of Premises Liability Claims

  • Slip and fall on wet or icy surfaces: the most common claim type; strengthened by Kandil-Elsayed
  • Defective stairs, railings, and flooring: structural failures in commercial and residential buildings
  • Negligent security: assaults and crimes on commercial property where inadequate security was a contributing factor
  • Inadequate lighting: parking garages, stairwells, building exteriors
  • Swimming pool accidents: residential and commercial pools; separate duty rules for child trespassers under attractive nuisance
  • Elevator and escalator malfunctions: maintenance failures in commercial buildings
  • Carbon monoxide and environmental hazards: from defective heating, ventilation, or industrial equipment
  • Construction site hazards: open excavations, unmarked hazards on active worksites

Frequently Asked Questions

What’s the difference between premises liability and slip and fall?

Slip and fall is one type of premises liability claim, specifically, an injury caused by a dangerous floor, ground, or surface condition. Premises liability is the broader legal theory that covers any injury caused by a property owner’s failure to maintain reasonably safe conditions. Negligent security, structural failures, inadequate lighting, and environmental hazards all fall under premises liability.

The property owner says the hazard was obvious. Does that end my case?

No, not anymore. The 2023 Michigan Supreme Court decision in Kandil-Elsayed v. F & E Oil, Inc. removed “open and obvious” from the duty analysis. The property owner can still argue you were partly at fault for not avoiding an obvious hazard, but that argument goes to the jury on comparative fault, not to a judge who dismisses your case at the outset.

What if I was hurt at a friend’s house, not a business?

You may still have a claim. Social guests are licensees under Michigan law, and the homeowner owes a duty to warn of known dangerous conditions. Homeowner’s insurance typically covers these situations. The claim is against the insurance policy, not your friend personally.

Can I bring a premises liability claim if I was assaulted on someone else’s property?

Yes, if the property owner’s failure to provide reasonable security was a contributing cause of the assault. These “negligent security” cases require showing the owner knew or should have known the location posed an elevated risk of criminal activity , through prior incidents, known neighborhood crime patterns, or other warning signs , and failed to take reasonable precautions.

How long do I have to bring a premises liability claim?

Three years from the date of injury under MCL 600.5805. Don’t wait. Evidence, especially surveillance footage, disappears quickly, and the property owner has no ongoing obligation to preserve it once you’ve left the scene.

What damages can I recover?

In a premises liability claim, you can recover economic damages (medical bills, lost wages, future medical costs) and noneconomic damages (pain and suffering, disability, loss of enjoyment of life). Michigan does not cap noneconomic damages in premises cases. Your recovery may be reduced by your comparative fault percentage, and you lose noneconomic damages entirely if you’re found more than 50% at fault.

Talk to Scott

Premises liability cases are won or lost on evidence gathered early and on knowing how insurers fight these claims. Scott Reizen spent years on the defense side before making the switch to plaintiff’s work he knows the playbook. Call (248) 554-3440 for a free consultation. There’s no obligation, no fee unless we win, and the call is free.

Premises Liability

Property owners set the conditions. When those conditions injure someone, there’s accountability.

Premises liability is the legal framework behind what most people call slip and fall, but it covers far more ground. Negligent security that allowed an assault. A poorly maintained stairwell that gave way. A malfunctioning door in a commercial building. Carbon monoxide from a defective heating system. Anywhere a property owner’s failure to maintain reasonably safe conditions causes someone harm, premises liability applies. Michigan’s law in this area shifted dramatically in 2023, and what used to be an uphill battle for injured visitors is now a very different legal landscape. Scott Reizen knows it from both sides of the docket.

What Michigan Law Says About Premises Liability

A property owner’s duty depends on why you were there. Michigan law recognizes three visitor categories, each carrying a different standard.

Invitees are people on the property for a business purpose, customers, clients, patients, employees. The property owner owes them the highest duty: exercise reasonable care, conduct reasonable inspections, and warn of or fix hazards. Licensees are social guests or others present with permission but not for commercial reasons. The owner must warn of known dangers but has no duty to inspect for hidden ones. Trespassers are owed only the duty not to be willfully or wantonly injured.

For decades, one of the most powerful tools in a property owner’s arsenal was the “open and obvious” doctrine. Under Lugo v. Ameritech (2001), Michigan courts held that if a hazard was plainly visible a puddle on a floor, ice on a walkway, a clearly broken step, the property owner owed no duty because the visitor could see the danger and avoid it. Courts dismissed hundreds of legitimate cases on this basis.

In 2023, the Michigan Supreme Court fundamentally changed the law in Kandil-Elsayed v. F & E Oil, Inc. The court overruled Lugo and held that open and obvious is no longer a duty question at all. Instead, it is a factor in comparative fault, the jury weighs whether the plaintiff should have seen and avoided the hazard against the property owner’s failure to eliminate it. The practical effect is significant: premises cases that would have been thrown out at summary disposition now reach a jury.

The general statute of limitations for premises liability claims is three years from the date of injury under MCL 600.5805.

How Premises Liability Cases Work in Michigan

Most premises liability cases run through a property owner’s commercial general liability insurance, or, for residences, a homeowner’s policy. From the moment an incident is reported, the insurer’s claim team begins building a file aimed at minimizing what they pay out.

The defense strategy in these cases is predictable. They argue you were inattentive, you were in a restricted area, you were wearing improper footwear, the hazard was open and obvious (an argument that now goes to the jury, not a dismissal motion). In negligent security cases, they argue the crime was unforeseeable. In structural failure cases, they argue the condition was hidden and not something a reasonable inspection would have found.

The plaintiff’s burden is to show the property owner knew or should have known about the dangerous condition, had a reasonable opportunity to fix it, and failed to act. Timing matters, how long the hazard existed, when the property was last inspected, and whether prior similar incidents had occurred are all critical. Michigan’s comparative negligence rule under MCL 600.2959 means your own conduct will be scrutinized. If you’re found more than 50% at fault, you lose noneconomic damages.

Negligent security cases deserve special mention. When someone is assaulted on commercial property, in a parking garage, a hotel, a retail store, the property owner may be liable if they knew or should have known the location was high-risk and failed to provide adequate security. These cases require detailed analysis of crime statistics, the owner’s prior knowledge, and what reasonable security measures would have prevented the harm.

What The Reizen Law Group Does Differently

Scott spent years on the insurance defense side of premises liability cases. He has handled them from the initial investigation through trial, from the defense perspective. He knows how insurance companies evaluate these claims, what their reserve strategies look like, and which arguments they rely on most.

Kandil-Elsayed created substantial new opportunities for premises liability plaintiffs in Michigan. But the cases don’t win themselves. The evidentiary work still matters: securing surveillance footage before it gets overwritten, obtaining maintenance and inspection records, identifying witnesses, retaining the right liability expert. Scott knows what those records look like when they’re genuine and what they look like when they’ve been manipulated after the fact.

He also knows how to read an insurer’s litigation posture. Some cases settle early because the liability is clear. Others require pushing all the way through discovery and into trial preparation before an insurer moves. Knowing which is which, and how hard to push and when, is the product of over two decades of experience on both sides.

Former insurance defense. Now fighting for the injured. No fee unless we win.

Common Types of Premises Liability Claims

  • Slip and fall on wet or icy surfaces: the most common claim type; strengthened by Kandil-Elsayed
  • Defective stairs, railings, and flooring: structural failures in commercial and residential buildings
  • Negligent security: assaults and crimes on commercial property where inadequate security was a contributing factor
  • Inadequate lighting: parking garages, stairwells, building exteriors
  • Swimming pool accidents: residential and commercial pools; separate duty rules for child trespassers under attractive nuisance
  • Elevator and escalator malfunctions: maintenance failures in commercial buildings
  • Carbon monoxide and environmental hazards: from defective heating, ventilation, or industrial equipment
  • Construction site hazards: open excavations, unmarked hazards on active worksites

Frequently Asked Questions

What’s the difference between premises liability and slip and fall?

Slip and fall is one type of premises liability claim, specifically, an injury caused by a dangerous floor, ground, or surface condition. Premises liability is the broader legal theory that covers any injury caused by a property owner’s failure to maintain reasonably safe conditions. Negligent security, structural failures, inadequate lighting, and environmental hazards all fall under premises liability.

The property owner says the hazard was obvious. Does that end my case?

No, not anymore. The 2023 Michigan Supreme Court decision in Kandil-Elsayed v. F & E Oil, Inc. removed “open and obvious” from the duty analysis. The property owner can still argue you were partly at fault for not avoiding an obvious hazard, but that argument goes to the jury on comparative fault, not to a judge who dismisses your case at the outset.

What if I was hurt at a friend’s house, not a business?

You may still have a claim. Social guests are licensees under Michigan law, and the homeowner owes a duty to warn of known dangerous conditions. Homeowner’s insurance typically covers these situations. The claim is against the insurance policy, not your friend personally.

Can I bring a premises liability claim if I was assaulted on someone else’s property?

Yes, if the property owner’s failure to provide reasonable security was a contributing cause of the assault. These “negligent security” cases require showing the owner knew or should have known the location posed an elevated risk of criminal activity , through prior incidents, known neighborhood crime patterns, or other warning signs , and failed to take reasonable precautions.

How long do I have to bring a premises liability claim?

Three years from the date of injury under MCL 600.5805. Don’t wait. Evidence, especially surveillance footage, disappears quickly, and the property owner has no ongoing obligation to preserve it once you’ve left the scene.

What damages can I recover?

In a premises liability claim, you can recover economic damages (medical bills, lost wages, future medical costs) and noneconomic damages (pain and suffering, disability, loss of enjoyment of life). Michigan does not cap noneconomic damages in premises cases. Your recovery may be reduced by your comparative fault percentage, and you lose noneconomic damages entirely if you’re found more than 50% at fault.

Talk to Scott

Premises liability cases are won or lost on evidence gathered early and on knowing how insurers fight these claims. Scott Reizen spent years on the defense side before making the switch to plaintiff’s work he knows the playbook. Call (248) 554-3440 for a free consultation. There’s no obligation, no fee unless we win, and the call is free.