In a recent Michigan premises liability opinion, the appellate court allowed the plaintiff’s case to proceed to trial based on the property owner’s failure to warn the plaintiff of a dangerous condition in their home. The plaintiff alleged that she fell when entering a mudroom in the defendant’s home where she was a guest. Specifically, the plaintiff claimed that her injuries were caused by an eight-inch drop-off between the hallway and the mudroom, which was not visible to the plaintiff.
In Michigan premises liability cases, there are varying degrees of care owed to the plaintiff, depending on the relationship between the defendant and the plaintiff. A plaintiff can generally be categorized as an invitee, a licensee, or a trespasser. An invitee is someone who is invited to enter or remain on the premises for a commercial benefit to the premises owner. A licensee is someone who is invited to enter or remain on the premises for any reason other than a business or commercial one. Finally, a trespasser is someone who enters the premises without an express or implied invitation.