Premises Liability

Secrest Wardle's Premises Liability Practice Group is led by seasoned litigators, experienced in defending landowners against a full array of claims. Our Premises Liability Practice Group has been on the forefront of changing and clarifying the law for the benefit of Defendants in the Michigan Supreme Court and Michigan Court of Appeals for decades. Among the more notable decisions are:

 

MacDonald v. PKT Enterprises, 464 Mich 322

 

Limited the duties imposed on landowners due to the criminal acts of third-parties.  In this case, Defendant was not held liable for Plaintiff's injuries sustained in a sod throwing incident during a concert at Pine Knob Theater.

 

Anderson v. Weigand, 223 Mich App 549

 

Landowners were not liable for an accident which occurred on their property after they had turned over the possession and control of it to their real estate agent for an open house.

 

Berry v. S & D Auto Dismantlers, 195 Mich App 476

 

A mechanic was crushed to death when a car apparently slipped off of a bumper jack. Defendant was not held liable since there was no causal connection between the death and any alleged defect of the premises.

 

Muskat v. Khalil, 150 Mich App 114

 

A defective portable item on the land did not give rise to a claim for premises liability.  Defendant was not held liable for Plaintiff's injuries caused by an allegedly defective ladder Plaintiff brought onto Defendant's property.

 

We have experience in virtually every area of premises liability, including:

  • Building code violations
  • Collapse
  • Cracks, potholes, uneven surfaces
  • Criminal acts of third parties
  • Dog bites
  • Explosion
  • Fire loss
  • Nuisance
  • Slips and falls
  • Snow and ice

 


Group Chair
  Masters, Mark F.
Senior Partner

Group Members
Azoni, Thomas J.
Senior Partner

Edmonds, Nathan J.
Senior Partner

Walburn, Sarah L.
Executive Partner

Brainer, Julie A.
Partner

Cole, Justin L.
Partner

Consolo, Matthew J.
Partner

Fopma, Amanda B.
Partner

Givskud, David M.
Partner

Grimske, Justin A.
Partner

Hermiz, Krystal D.
Partner

Holt, Jr., Robert B.
Partner

Joyce, Kellie C.
Partner

Molloy, James P.
Partner

Rizzo, Daniel T.
Partner

Rojas, Diego J.
Partner

Schlinker, John C
Partner

Townsend, Renee T.
Partner

Vander Veer, C. Grant
Partner

Vanneste, Mark C.
Partner

Weston, John L.
Partner

Williams, Javon L.
Partner

David, Javon R.
Associate

Hester, Aleasha L.
Associate

Jugan, Zachary S.
Associate

Knurek, Tyler M.
Associate

Shkreli, Paul
Associate

Siewert, Nicholas W.
Associate

Sklarski, Jack T.
Associate

Waldman, Alexander L.
Associate

Casey, Brian J.
Of Counsel

Recent Publications
Iced Out: Michigan Court of Appeals Reaffirms Axiomatic Principle that Icy Sidewalk is Open and Obvious Hazard in Winter and Does Not Render Premises Unfit for its Intended Use and Purpose Under Michigan Landlord Tenant Act
Boundaries 12/11/2017

Release of (Most) Claims: Ski Resort’s Liability Releases Only Pertained to Competitive Skiing
Boundaries 11/30/2017

Wintertime in Michigan: Appellate court finds that black ice can be open and obvious even where the ice itself is not visible on casual inspection
Boundaries 11/27/2017

Michigan Court of Appeals Drops the Curtain in a Premises/Ordinary Negligence Case Involving a Slip and Fall in a Dark Theater
Boundaries 11/27/2017

Darkness Falls: Dark Driveway Does Not Create Special Aspect
Boundaries 11/03/2017

Litigation Successes
Municipal; Governmental Immunity; Premises Liability
Ooghe v. City of Warren
Result Date: 10/02/2017

Premises Liability
Jeffrey Bacon v. Sunshine Products of Mid-Michigan
Result Date: 02/14/2017

Premises Liability
Donna Livings v Grand Dimitre’s of Eastpointe Family Dining et al
Result Date: 12/09/2016

Premises Liability
James Hudgins v. Chelsea Glen Association and Alpine Tree Care, Inc.
Result Date: 12/08/2016

Premises Action
Sykes v. Fifth Third Bank
Result Date: 12/05/2016



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