Sterling Heights Premises Liability Lawyer

Key takeaways:

• Property owners in Sterling Heights have a legal duty to maintain a reasonably safe environment for lawful visitors. When they fail, they may be held accountable for resulting injuries.
• The evidence needed to build a strong premises liability claim can disappear quickly. Documenting the scene, your injuries, and witness information is a priority after you return home.
• Michigan law regarding property owner defenses has recently changed, making it more possible for injured people to hold negligent parties accountable even for visible hazards.

An ordinary trip to a grocery store on Van Dyke, a visit to a friend’s apartment near Dodge Park, or a walk through a local parking lot should not end in a serious injury. Yet, unsafe property conditions cause accidents every day, leaving victims with painful injuries and unexpected financial burdens.

When a property owner’s failure to maintain a safe environment leads to your harm, you have the right to seek accountability. A Sterling Heights premises liability lawyer works to protect those rights and help you secure the resources needed for your recovery.

This process is about holding negligent property owners responsible for the dangerous conditions they created or ignored.

Guide to Sterling Heights Premises Liability Lawyer Content

• Michigan’s Premises Liability Laws
• Common Premises Liability Claims in Sterling Heights
• Proving Negligence in a Premises Liability Case
• Critical Defenses in Michigan Premises Liability Law
• Actions to Protect Your Rights After Returning Home
• Recoverable Damages in a Sterling Heights Injury Claim
• Why Choose Goodman Acker, PC for Your Sterling Heights Case?
• Frequently Asked Questions About Sterling Heights Premises Liability Claims
• Secure Your Future and Your Recovery

Michigan’s Premises Liability Laws

The legal principle at the heart of these cases is that property owners must take reasonable steps to keep their land and buildings safe. However, the specific level of care they must provide depends on the legal status of the visitor.

Invitees: This group receives the highest level of protection. An invitee is someone on the property for a commercial or business purpose, like a customer in a retail store or a client in an office.

Licensees: A licensee is a social guest, such as a friend or family member visiting a home. The property owner must warn a licensee of any known dangers that the guest is unlikely to discover on their own. The duty is lower than for an invitee; there is no requirement to actively inspect for unknown hazards.

Trespassers: A trespasser is someone on the property without permission. Generally, property owners do not owe a duty of care to adult trespassers, other than to refrain from willfully or wantonly injuring them.

Common Premises Liability Claims in Sterling Heights

An injury can happen on almost any type of property, from a large commercial big-box store to a private residence. A dedicated Sterling Heights injury attorney can assist with claims arising from many different situations.

Slip and fall or trip and fall accidents

These are the most frequent types of premises liability cases. They happen when a person loses their footing due to a hazardous condition that the owner or manager should have addressed.

• Wet floors without warning signs
• Spilled liquids or food debris in grocery aisles
• Icy or snowy sidewalks and parking lots that were not properly cleared
• Uneven or broken pavement
• Torn carpeting or loose floorboards
• Poorly lit stairwells or hallways

Inadequate security incidents

Property owners in certain areas have a duty to provide reasonable security measures to protect visitors from foreseeable criminal acts. When they fail, and someone is assaulted, robbed, or otherwise attacked, the owner may be held responsible.

• Broken locks on doors or windows
• Poor lighting in parking garages, hallways, or alleys
• Lack of functional security cameras
• Failure to hire trained security personnel in high-risk locations
• Absence of secure gates or fencing

Dog bites and animal attacks

Michigan has a strict liability statute for dog bites. This means the owner is typically responsible for the harm their dog causes, even if the dog had never shown aggression before.

• The dog was not properly leashed or contained.
• The bite occurred on public property or while the victim was lawfully on private property.
• The victim did not provoke the animal.

Poor maintenance and structural failures

Property owners must keep their buildings in good repair. When they neglect this duty, structural elements may fail and cause severe injuries.

• Porch or deck collapses
• Falling ceiling tiles or merchandise from high shelves
• Malfunctioning elevators or escalators
• Broken or missing handrails on stairs

Proving Negligence in a Premises Liability Case

Winning a premises liability claim requires more than just showing you were hurt on someone else’s property. You must demonstrate that the property owner was negligent.

The four elements of a successful claim

A strong case for a premises injury in Sterling Heights must satisfy each of these points.

• Duty of Care: You must first show that the property owner owed you a legal duty to maintain a reasonably safe environment. This duty changes based on whether you were an invitee, licensee, or trespasser.
• Breach of Duty: Next, you must prove that the owner failed to meet that duty of care. This could mean they failed to clean up a spill, repair a broken step, or warn you about a hidden hazard they knew about or should have known about through reasonable inspection.
• Causation: You must connect the owner’s breach of duty directly to your injuries. In other words, your fall and the resulting broken bone must have been a direct result of the icy patch the owner failed to salt.
• Damages: Finally, you must show that you suffered actual harm, or damages, as a result of the injury. These damages include your medical bills, lost income, and your physical and emotional suffering.

Critical Defenses in Michigan Premises Liability Law

Property owners and their insurance companies often use specific legal arguments to deny responsibility for injuries. A thorough and up-to-date understanding of these defenses is necessary to build a case that can withstand these challenges.

The “open and obvious” doctrine: a major shift in Michigan law

For decades, the “open and obvious” doctrine was the most powerful defense for property owners in Michigan. They could argue that they had no duty to protect people from a hazard that was so visible that an average person could see and avoid it.

This often resulted in valid injury cases being dismissed entirely.

In July 2023, the Michigan Supreme Court changed this rule.
A jury will now weigh whether the property owner acted reasonably to protect visitors, even if the danger was visible. The jury will also evaluate your own actions to determine if you share any responsibility. This change makes it more feasible for people with legitimate injuries to seek justice.

Actions to Protect Your Rights After Returning Home

The steps you take in the hours and days after an injury on someone else’s property can significantly impact your ability to pursue a claim later. Once you have left the scene and addressed your immediate medical needs, focus on gathering and preserving information.

• Write down everything: Your memory will fade. As soon as you are able, write down every detail you can recall about the accident. Note the date, time, location, what you were doing, how the fall happened, what you saw, and who was there.
• Preserve the evidence: The clothes and shoes you were wearing are important evidence. Place them in a sealed bag and do not wash them. If an object caused your injury, and you have it, keep it in a safe place.
• Get follow-up medical care: Follow all your doctor’s orders. Attend all appointments, physical therapy sessions, and fill your prescriptions. This creates a clear medical record linking your injuries to the accident.
• Track all your expenses: Keep a file of all medical bills, receipts for medication, and any other costs related to your injury. Document any time you missed from work and the wages you lost.
• Stay off social media: Do not post about your accident, your injuries, or your activities online. Insurance company adjusters will search your social media profiles for anything they can use to argue that your injuries are not as severe as you claim.
• Avoid speaking to insurance adjusters: The property owner’s insurance company may contact you quickly. Their goal is to pay as little as possible. You should not give a recorded statement or accept any early settlement offer without first seeking legal advice.

Recoverable Damages in a Sterling Heights Injury Claim

The goal of a premises liability lawsuit is to secure financial compensation to cover the full scope of your losses. These damages are generally categorized into two types.

Economic damages

These are the measurable financial losses you have incurred because of the injury.

• All past and future medical expenses
• Lost wages and income
• Loss of future earning capacity
• Costs for physical therapy and rehabilitation
• Expenses for assistive devices or home modifications

Non-economic damages

These damages compensate you for the intangible, personal losses that have no simple price tag. Michigan premises liability law allows you to seek compensation for the physical pain and emotional suffering caused by a negligent property owner.

• Physical pain and suffering
• Mental anguish and emotional distress
• Loss of enjoyment of life
• Fright and shock
• Scarring and disfigurement

Why Choose Goodman Acker, PC for Your Sterling Heights Case?

When recovering from an injury, choosing legal representation is a significant decision. You need a team that knows the law, understands the local landscape, and is fully dedicated to your well-being.

• Up-to-date legal knowledge: We stay on top of every change in Michigan law, including the recent landmark Supreme Court decisions that impact premises liability cases, ensuring our clients benefit from the most current legal strategies.
• Knowledge of Macomb County Courts: We have a deep familiarity with the local court systems, judges, and legal procedures in Macomb County, which gives our clients a distinct advantage.
• A record of results: Our history is built on securing favorable outcomes for our clients. We prepare every case with the thoroughness required for trial, sending a clear message to insurance companies that we are ready to fight for what you deserve.
• Unwavering client commitment: You are more than just a case file. We provide personalized attention, answer your questions, and ensure you remain informed and confident throughout the entire legal process.
• No fee unless we win: We operate on a contingency fee basis. This means you pay absolutely no attorney fees unless and until we successfully recover compensation for you.

Frequently Asked Questions About Sterling Heights Premises Liability Claims

Secure Your Future and Your Recovery

An unexpected injury caused by a property owner’s negligence can disrupt your life in countless ways. You do not have to face the medical bills, lost income, and legal hurdles alone. The right legal team can lift that burden, handle the insurance companies, and fight for the full and fair compensation you need to move forward.

At Goodman Acker PC, we are dedicated to helping injury victims in Sterling Heights and across Michigan. We have the experience, the resources, and the commitment to hold negligent property owners accountable. For a free, no-obligation consultation to discuss your case, call our Sterling Heights office today at (586) 261-8457.

Goodman Acker P.C. – Sterling Heights Office Location

Address:13854 Lakeside Cir suite 240

Sterling Heights, MI 48313

Phone: (586) 261-8457

LEGALLY REVIEWED BY BARRY J. GOODMAN

Barry J. Goodman has devoted his professional life to keeping courthouse doors open for victims seeking justice. Always a tireless advocate for his own clients, Goodman sees his responsibility as a Detroit personal injury attorney in a broader sense as well. [ Attorney Bio ]