Grand Rapids Premises Liability Lawyer

Hurt in a fall on someone else’s property in Kent County? Start with who controlled the property and what they knew, because those two questions run through a Michigan premises liability claim

A fall at a Grand Rapids grocery store, on an icy apartment walkway in Wyoming, in a cracked parking lot in Kentwood or on a dark downtown stairwell can change your life in a second. Michigan law lets an injured person bring a claim against the owner or occupier of the property, but it has to be built on specific facts: who had possession and control, what your legal status was, whether the possessor knew of the danger or should have found it, and whether it acted reasonably once it did. The damages at stake can include medical bills, lost income, and pain and suffering. The general deadline to sue is 3 years under MCL 600.5805(2), and a claim against a city, a county or the state can carry a 120-day notice deadline.

The short answer. In Michigan, the person in possession and control of land can be liable when a dangerous condition on the land injures a visitor. What the possessor owed you depends on your status. An invitee, such as a customer, is owed reasonable care, which includes inspecting the property and repairing or warning about dangers. A licensee is owed a warning about hidden dangers the possessor knows or has reason to know of. A trespasser is owed only protection from willful and wanton misconduct. Since the Michigan Supreme Court decided Kandil-Elsayed in 2023, the fact that a hazard was open and obvious no longer ends the case on the question of duty. It is weighed on breach, and your own conduct goes to comparative fault. You generally have to show the possessor created the hazard or had actual or constructive notice of it. Under MCL 600.2959, your damages are reduced by your share of fault, and noneconomic damages are not awarded if your fault is greater than everyone else’s combined. Photograph the scene, report the fall in writing, and see a doctor before you give a recorded statement to an insurer.

I am Mitchell Bisson, a Grand Rapids civil litigation lawyer. I have been a licensed attorney for 16 years and have practiced in Michigan since 2015. Big-Firm Power. Street-Level Grit. For a premises liability claim, the work usually starts with the incident report, the maintenance records, the contracts, the photographs and the video. From there it means identifying the people and companies that may share responsibility and preparing the claim with the possibility of a trial in mind.

This page goes deeper than my Grand Rapids personal injury lawyer page on one kind of claim: injuries caused by dangerous conditions on land and in buildings. It is written mainly for people who were hurt, and a short section speaks to property owners and businesses. It covers who owes what, the open and obvious defense, notice, snow and ice, landlords, condominiums, contractors, public property, comparative fault and the Kent County court process. Nothing here predicts how your case will end, and I do not promise outcomes. I do promise to tell you where you stand.

What a Michigan premises liability claim requires

A premises liability claim is a negligence claim, so it has the same four parts: a duty, a breach of that duty, causation and damages. What sets it apart is where the duty comes from. Premises liability rests on possession and control of the land, not on who holds the deed. In Kubczak v. Chemical Bank & Trust Co., 456 Mich. 653, 660-662 (1998), the Michigan Supreme Court explained that premises liability depends on possession and control, not ownership, and that possession turns on the actual exercise of dominion and control. So the right defendant may be an owner, a tenant, a property management company, a condominium association, or several at once. Finding them early matters, as the comparative fault section below explains.

The kind of claim matters too. An injury caused by a dangerous condition of the land, such as ice on a walkway or a broken stair, is a premises liability claim. An injury caused by something a person or company did, such as a contractor leaving a trench open, can be an ordinary negligence claim. The Michigan Supreme Court drew that line again in July 2026 in Bowerman v. Red Oak Management Co., Inc., No. 167718 (Mich. July 20, 2026), holding that a claim against a contractor that lacked possession and control of the area where the injury happened sounded in ordinary negligence rather than premises liability.

Invitee, licensee or trespasser: why your status on the property matters

Michigan still sorts visitors into three categories, and the category sets the duty. The 2023 decision discussed below changed the open and obvious defense but did not erase these categories. The key case on the duties is Stitt v. Holland Abundant Life Fellowship, 462 Mich. 591 (2000).

Status is a fact question, and it is often argued. A visit to a store or an office open to the public usually puts you in the invitee group. A visit to a private home is more likely to be argued as a licensee visit, and a licensee’s protection is narrower. A tenant’s social guest injured in a common area the landlord controls is owed the same duty as an invitee (Petraszewsky v. Keeth, 201 Mich. App. 535 (1993)). The invitation, the purpose of the visit and the path you took all matter.

The open and obvious defense after Kandil-Elsayed and Pinsky

For years, the first argument after a fall was that the danger was open and obvious. Under the rule from Lugo v. Ameritech Corp., 464 Mich. 512 (2001), a judge could end the case before a jury heard it unless the plaintiff showed a special aspect that made the hazard unreasonably dangerous. On July 28, 2023, the Michigan Supreme Court overruled that approach in Kandil-Elsayed v. F & E Oil, Inc., 512 Mich. 95 (2023), which it decided in a single opinion together with Pinsky v. Kroger Co. of Michigan (Docket No. 163430). The decision does four things:

1. The open and obvious character of a danger is no longer part of the duty analysis. The possessor’s duty is the one that goes with your status.
2. It is considered in deciding whether the possessor breached that duty, meaning whether it acted as a reasonable possessor would have.
3. Your own conduct, including whether you should have seen and avoided the hazard, is weighed under comparative fault, which reduces damages rather than barring the claim.
4. The special-aspects doctrine is overruled to the extent it is inconsistent with the approach in section 343A of the Restatement (Second) of Torts.

A visible hazard no longer wins the case for the defense on duty. A jury can find a breach even though the hazard could be seen, if a reasonable possessor would have expected visitors to run into it anyway. Facts that help include an entrance everyone must use, poor lighting, a display that draws the eye from the floor, and no other safe route. Defendants still file motions for summary disposition under MCR 2.116(C)(10), and a court can still decide that no reasonable juror could find a breach.

Notice: what the property owner knew or should have known

Most claims for a condition on the land turn on notice, because a possessor is not an insurer of a visitor’s safety. You generally have to show that the possessor or its employees created the hazard, knew about it, or should have discovered it. Constructive notice, meaning notice the law attributes to the possessor, exists when the hazard was of such a character, or had been there for such a length of time, that a reasonable possessor would have found it (Lowrey v. LMPS & LMPJ, Inc., 500 Mich. 1 (2016)).

Evidence of notice often sits where an injured person has trouble reaching it without a lawyer or a lawsuit: surveillance video showing how long the hazard was there; inspection, cleaning, salting and plowing logs; prior incident reports and complaints about the same area; employee testimony about when anyone last looked at the spot; and any maintenance or snow removal contract.

Video may be overwritten on a short cycle. In a case like this, a written demand that the possessor, the property manager and any contractor preserve video, logs, reports and contracts is often among the first steps. Ask the manager in writing to save the footage, and note the date.

Snow and ice on Grand Rapids sidewalks, entrances and parking lots

West Michigan winters bring lake-effect snow, freezing rain and repeated freeze and thaw cycles, and ice is a common cause of falls. Michigan rejected the rule that a possessor owes nothing for natural accumulations. In Quinlivan v. Great Atlantic & Pacific Tea Co., 395 Mich. 244, 261 (1975), the Michigan Supreme Court held that an invitor must take reasonable measures within a reasonable time after an accumulation of ice and snow to diminish the hazard of injury to the invitee. The Court repeated that duty in Kandil-Elsayed, 512 Mich. at 150. Quinlivan also observed that an invitee’s conduct is often relevant to contributory negligence, now handled as comparative fault. After Kandil-Elsayed, a business’s argument that you should have been more careful goes to the jury rather than to a judge deciding duty.

What counts as reasonable depends on facts to gather early: the weather the day of the fall and the day before, including when the snow or freezing rain stopped; what the possessor did and when (plowing, shoveling, salt or sand); the size of the lot and whether the spot was a main route; photographs from several angles with something in the frame for scale; and whether melting snow from a roof, downspout or pile was draining across the walkway and refreezing.

Landlords, condominium associations and snow removal contractors

Landlords. In every lease or license of residential premises, the landlord covenants that the premises and all common areas are fit for the use intended by the parties, and that the premises will be kept in reasonable repair (MCL 554.139(1)). The Michigan Supreme Court has described this statute as a protection for residential tenants in addition to the common law, and a remedy under it as a contract remedy (Allison v. AEW Capital Management, LLP, 481 Mich. 419, 425-426 (2008)). The covenant covers fitness for the intended use, not every hazard, and fitness is judged on the facts of the particular lease and the tenants it serves. In July 2026 the Michigan Supreme Court held that the “mere inconvenience” point from Allison may be relevant but is not dispositive, and it sent a tenant’s covenant claim over an uncovered trench near the trash area of an apartment parking lot back for further proceedings (Bowerman). The covenant is a promise running to the tenant, so a visitor’s claim usually rests on the common-law duties discussed above. A lease with a current term of at least 1 year can modify these obligations (MCL 554.139(2)), so the lease matters. A tenant can have both a covenant claim and a premises liability claim for a fall in a stairwell, hallway, parking lot or shared walkway.

Condominium associations. In Janini v. London Townhouses Condominium Association, 514 Mich. 86 (2024), the Michigan Supreme Court held that when the master deed and bylaws make the association responsible for the common areas and the co-owners lack possession and control of them, a co-owner using those areas is an invitee of the association and can bring a premises liability claim for an injury there, reasoning that the relationship mirrors the one between landlord and tenant. In July 2026, the Court of Appeals published Letvin v. Village at Grand Traverse Commons Condominium Association, No. 376558 (Mich. Ct. App. July 13, 2026), which held that a short-term rental guest of a unit owner, injured in a common area the association maintains, is an invitee of the association. It is a recent published decision, and the Michigan Supreme Court can still review it, so confirm its current status before relying on it in a particular case.

Contractors. An owner often hires a company to clear snow, clean floors or repair a building, and the contract matters. A contractor generally owes a duty to a person who is not a party to its contract when it owed that person a duty separate and distinct from its contractual obligations (Fultz v. Union-Commerce Associates, 470 Mich. 460, 467 (2004)), and a contract does not wipe out duties the law imposes independently (Loweke v. Ann Arbor Ceiling & Partition Co., LLC, 489 Mich. 157 (2011)). If the contractor did not possess and control the area, the claim against it is ordinary negligence and not premises liability, as Bowerman held.

Falls on public property, sidewalks and notice deadlines

Governmental agencies are generally immune from tort claims unless a statutory exception applies, and the exceptions that come up in falls have their own rules and shorter deadlines. If your fall happened on a public sidewalk, in a road or in a public building, tell me as soon as you can.

Roads and sidewalks. Under MCL 691.1402(1), an agency with jurisdiction over a highway must keep it in reasonable repair so that it is reasonably safe and convenient for public travel. Except as provided in section 2a, that duty reaches only the improved portion of the highway designed for vehicular travel, not sidewalks, trailways or crosswalks. Sidewalks fall under MCL 691.1402a:

1. A municipal corporation with a sidewalk adjacent to a municipal, county or state highway must maintain it in reasonable repair, and it is not liable unless you prove it knew or should have known of the defect at least 30 days before the injury.
2. It is presumed to have kept the sidewalk in reasonable repair. Only facts showing that a proximate cause of the injury was a vertical discontinuity of 2 inches or more, or a dangerous condition in the sidewalk itself of a particular character other than solely a vertical discontinuity, rebut the presumption.
3. Whether it has been rebutted is a question of law for the court, and the municipality may also raise common-law premises defenses, including open and obvious.

Public buildings. Under MCL 691.1406, an agency is liable for a dangerous or defective condition of a public building open to the public if it had actual or constructive knowledge of the defect and, for a reasonable time after acquiring it, failed to remedy the condition or protect the public. Knowledge and time to repair are conclusively presumed when the defect was readily apparent to an ordinary observant person for 90 days or longer before the injury.

Notice. For a defective highway, MCL 691.1404(1) makes notice a condition of recovery: within 120 days of the injury, you must serve a written notice on the agency stating the exact location and nature of the defect, the injury sustained and the names of the witnesses known to you. The Act defines a highway to include a sidewalk on the highway (MCL 691.1401(c)). If the injured person is under 18, subsection (3) allows up to 180 days, and it also reaches charter provisions and ordinances that require written notice to a county or municipality. A public building claim has its own 120-day notice requirement in section 1406, and notice to the state is filed with the clerk of the court of claims. Separately, MCL 600.6431 requires a personal injury claim or notice of intention against the state to be filed with that clerk within 6 months after the event. Courts enforce the highway notice deadline and the court of claims notice requirement (MCL 600.6431) as written, and late notice is not excused because the agency was not harmed (Rowland v. Washtenaw County Road Commission, 477 Mich. 197 (2007); McCahan v. Brennan, 492 Mich. 730 (2012)). A safe working deadline for any claim against a public body is 120 days from the fall, whatever the age of the injured person, and notice should go out well before it.

Comparative fault and the other parties who share the blame

Michigan reduces damages by your percentage of fault. Under MCL 600.2959, if your percentage of fault is greater than the aggregate fault of the other persons, whether or not they are parties to the case, economic damages are reduced by your percentage and noneconomic damages are not awarded. So the fight over what you should have seen, which Kandil-Elsayed moved from duty to fault, is a fight over a percentage, and the percentage can decide how much of the claim survives.

The same system works against you if the other side points at someone who is not in the case. Under MCL 600.2957, the trier of fact allocates fault to each person, whether or not that person is, or could have been, named as a party, and a nonparty assessed with fault is not liable in your case. A defendant who wants to use that argument must give notice of the nonparty’s fault under MCR 2.112(K), generally within 91 days after the first responsive pleading. Section 2957(2) gives a party 91 days after identification of a nonparty to seek leave to add a claim against it, which is why the possible defendants should be identified before filing.

Defenses and answers I look at in a premises liability case

Every case is different, and these are the questions I start with. Did the possessor have notice, actual or constructive? Was the hazard open and obvious, and does that go to breach or to your share of fault? Was the defendant in possession and control, or is someone else the right defendant? What was your status? Did a government notice deadline pass? Did the injury come from the fall or from an earlier condition? Defendants often look at gaps in treatment and at your first account, so consistent medical records matter.

Damages, remedies and consequences

A premises liability claim seeks money damages. Economic damages can include past and future medical expenses and lost income. Noneconomic damages can include pain and suffering and the effect of the injury on your daily life. Both are reduced by your percentage of fault, and noneconomic damages are barred if your fault is greater than the aggregate fault of the others (MCL 600.2959). Fault allocated to a nonparty cannot be collected from that nonparty in your case (MCL 600.2957). Health insurers, Medicare, Medicaid or an employer plan may claim reimbursement from a recovery, so those claims must be identified before a settlement is final. A case’s value cannot be estimated responsibly until the records and bills are in, and no estimate is a promise.

Michigan premises liability claims and deadlines at a glance

This table is a starting point, not a substitute for the statute and your facts.

How I build a premises liability case

Straight Answers. Hard Fights. In a premises liability claim, the strongest evidence is often the evidence that disappears first, so the early weeks matter. The work generally runs in this order:

1. I listen to what happened, review your photographs and records, and identify who possessed and controlled the property on the day you were hurt.
2. Preservation demands go to the possessor, the manager and any contractor for video, incident reports, logs, schedules and contracts.
3. I gather the weather data, the property records and any prior complaints or incidents at the same spot.
4. I decide which claims fit the facts: premises liability, the rental covenant, ordinary negligence against a contractor, or a claim against a public body.
5. I put together your damages: treatment, lost income, future care and the effect of the injury on your life.
6. The claim is presented to the insurer. If it does not resolve on terms you can accept, suit is filed in the right court.
7. In litigation, that means depositions of the possessor’s employees and any contractor, responding to defense motions, and preparing for mediation, case evaluation or trial.

Insurers may call quickly after a fall and ask for a recorded statement. You generally are not required to give one to the property’s insurer, though your own policy may have cooperation terms, and a lawyer can advise you first.

Ways a premises liability dispute may end without a trial

Whether any of these is available depends on the facts, the insurance and the other side.

Settlement. A claim can settle before suit or at any stage after it.

Mediation and case evaluation. A court may refer a case to mediation, in which a neutral third party helps the parties talk and has no decision-making power (MCR 2.411), or may submit a civil action seeking primarily money damages to case evaluation (MCR 2.403).

Summary disposition. A defense motion under MCR 2.116(C)(10) asks whether there is a genuine issue of material fact for a jury. Because breach is generally a question of fact for the jury after Kandil-Elsayed, how the scene, the notice evidence and the possessor’s conduct are documented bears directly on that motion, and a ruling for the defense can end all or part of a claim.

Where your Kent County premises liability case will be heard

A premises liability case from Grand Rapids, Kentwood, Wyoming, Walker or elsewhere in Kent County is usually filed in Kent County Circuit Court, the 17th Circuit Court, in downtown Grand Rapids. District court civil jurisdiction extends to $25,000 under MCL 600.8301(1), and in Grand Rapids that is the 61st District Court. Larger claims go to circuit court, and venue is confirmed before filing. If a defendant is from another state and the federal requirements are met, it may try to move the case to the U.S. District Court for the Western District of Michigan, which sits in Grand Rapids.

What to do after a fall on someone else’s property

This list is general practice information, not legal authority.

1. Get medical care and tell your providers exactly how you were hurt.
2. Report the fall to the manager or landlord, in writing if you can, and ask for a copy of any incident report. Write down the names of everyone you speak with.
3. Photograph and video the exact spot, the lighting and the surrounding area before it is changed, from several angles.
4. Get the names and phone numbers of witnesses, and keep the shoes and clothing you wore, unwashed.
5. Think carefully before you give a recorded statement to the property’s insurer or sign a release, and consider talking to a lawyer first.
6. If the fall happened on public property, write down the date and count 120 days forward right away.

What to bring to the consultation

Bring your photographs and video, a note of the date, time, place and weather, witness names, any incident report, and your medical records and bills so far. Bring any letters or messages from the owner, manager or an insurer, and the lease if you rent. Do not delete anything, including social media posts, and avoid posting about the fall.

If you own or manage the property where someone was hurt

My premises liability work is usually on the injured person’s side, but owners and businesses face the same questions of notice, inspection and reasonableness described above. After an incident, write down what happened while it is fresh, and keep the video, incident report, inspection and maintenance logs, and any contractor agreement exactly as they are. Give your liability insurer prompt notice, because many policies have notice conditions, and document the scene before any repair.

Why people hire me for a Michigan premises liability matter

You work directly with me, the lawyer handling your case. I give you the strengths and weaknesses of the case straight, including what it could cost you and what it could recover. I build the case the facts support, and then we decide together how to proceed. With a fall case, that includes telling you when the notice evidence is thin, when your own fault is likely to cut into the claim, and when a deadline is closer than you think.

Fees depend on the claim, its complexity and whether the case is likely to go to trial. I explain my fee arrangement at the consultation, before you decide whether to hire me.

Related Michigan pages

For a wider look at injury claims, see my Grand Rapids personal injury lawyer page and my article on the Michigan personal injury statute of limitations. For a wider look at my practice, see my Grand Rapids civil litigation attorney page. If you lost a case and want it reviewed, see my Michigan appeals lawyer page. If the dispute involves a landlord, a lease or a property purchase, see my real estate attorney page. For short answers, see my Michigan legal FAQs page. My practice also includes civil rights and business litigation.

Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan. Your Rights, My Fight!

Contact me 24/7 by text on WhatsApp. Hurt in a fall on someone else’s property in Kent County? Call for a free initial consultation: (616) 213-3327 | MBisson@BissonLegal.com

This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.