An injury on another person’s property can disrupt your health and keep you away from work. Uncertainty about who was responsible can make the situation harder to resolve. Our Southfield premises liability lawyer at Thurswell Law could examine the dangerous condition, identify who controlled the property, and determine whether you have grounds to pursue a claim.
Premises liability cases often depend on evidence that may disappear quickly. Surveillance footage can show how long a hazard existed, while property records may reveal whether someone had reported it before. Witness statements can also help establish what occurred. Our personal injury attorneys could assess the evidence and explain whether the facts support legal action.
What Must an Injured Person Establish in a Premises Liability Claim?
Property owners and other parties who control premises may have a duty to take reasonable steps to keep lawful visitors safe. A claim may arise when a responsible party knew or should have known about a dangerous condition but failed to correct it or provide an adequate warning.
While determining liability, our unsafe property injury attorney in Southfield could examine who possessed and controlled the location when the accident occurred. Depending on the facts, responsibility may rest with an owner, a tenant, a management company, a maintenance contractor, or another business. Identifying the correct party is important because several entities may have different inspection, repair, and safety duties.
Hazards that may lead to premises liability claims include:
- Wet or slippery floors
- Broken stairs or loose handrails
- Uneven pavement
- Poor lighting
- Falling merchandise
- Snow or ice accumulation
- Unsafe entrances or walkways
- Inadequate security
The existence of a hazard does not establish negligence by itself. You must also connect the dangerous condition to the responsible party’s failure to use reasonable care and show that the hazard caused your injuries and losses.
How Can Comparative Fault Affect Compensation?
Insurance companies may argue that you failed to notice a hazard, ignored a warning, wore unsafe footwear, or otherwise contributed to the accident. Under Michigan Compiled Laws § 600.2959, a court reduces damages by an injured person’s percentage of comparative fault. A person whose fault exceeds the combined fault of all other parties cannot recover non-economic damages. In a Southfield premises injury case, our attorneys could assess how allegations of shared fault may affect the available compensation.
We may review lighting, visibility, warning signs, weather, foot traffic, and the reason you entered the property. We could also assess inspection procedures and prior complaints. A careful investigation can address allegations of shared fault and present the circumstances.
Preserving Evidence and Meeting the Premises Liability Claim Filing Deadline
Property conditions can change quickly. Employees may clean a spill, repair a step, move merchandise, or erase video footage. After receiving medical attention, you should:
- Report the incident
- Photograph the area when possible
- Keep your clothing and shoes
- Obtain witness contact information
- Save all documents related to your treatment and expenses
Our liability attorneys in Southfield could investigate whether negligent property maintenance caused your injury. Early legal action may preserve records and witness accounts before they become lost. Your claim should reflect the cost of treatment and income you could not earn. It should also consider the pain caused by the injury and any disability or lasting change in your quality of life.
MCL § 600.5805 specifies that you must file personal injury actions within three years after the injury. Other deadlines or notice requirements may apply in particular circumstances, so an early review could protect your ability to pursue a claim.
Discuss Liability in Your Case with Our Southfield Property Injury Attorneys
A Southfield premises liability lawyer could review the evidence to determine who may be responsible. From there, our attorneys could pursue compensation grounded in the facts of your case. Since 1968, we have successfully represented people affected by serious injuries because experience gets results.
Contact us at Thurswell Law today to discuss your situation. We will listen to your concerns, explain the next steps, and help you decide how to proceed. We do not charge a legal fee until we win.
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