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'Notice' in Terms of Michigan Premises Liability

In the context of premises liability law, “notice” refers to whether the owner/possessor knew about the hazard that caused your accident, before the accident occurred. If the owner had this “notice” knowledge, then he/she can be held liable for your injuries. When the owner actually has knowledge of the hazard, this is called “actual notice”.

Also, did the owner have an opportunity to remedy the hazard? One can easily visualize an accident in a supermarket aisle, involving a spill that the store manager knew about, and already had a cleaning crew dispatched to clean it up, when the accident happened.

There is potential liability as well, for “constructive notice” of a hazard, referring to knowledge the owner should have had, if he/she were paying reasonable attention to the property. How do we know what knowledge the owner “should have had”? By proving that the hazard existed for a significant period of time. You will need to be able to give detailed factual descriptions of the hazard, that will help show its “age”.

Want to be sure that an accident falls under 'actual notice'?

We can go over details that will help us determine if a property owner had notice of a hazard

Learn more about Michigan Slip and Fall Laws & Protections.

Increasingly, Michigan courts are holding that "snow & ice happen" during Michigan's winters. As a result, they have held that such conditions are open and obvious to the point, where there is no liability for an accident caused by snow and ice.
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