Michigan law
Premises Liability Laws in Michigan.
Michigan premises liability law classifies entrants as invitees, licensees, or trespassers, with duties varying by category. Michigan historically applied the open-and-obvious doctrine broadly, but Kandil-Elsayed v. F&E Oil (Mich. 2023) overruled prior law: the open-and-obvious nature of a hazard no longer bars a claim outright but is instead a comparative-fault issue for the jury. This significantly expanded plaintiff-side premises liability exposure.
Last verified: 2026-04-17
State law
Statute of Limitations
3-year personal injury statute of limitations applies.
State law
Fault & Liability Rules
Plaintiff's fault reduces recovery; plaintiff at 51% or more fault is barred from noneconomic damages.
State law
Key Michigan Statutes
The Michigan Supreme Court overruled Lugo v. Ameritech. A hazard being open and obvious is no longer an automatic defense; it is folded into breach-of-duty and comparative-fault analyses. Plaintiffs may now recover even where the hazard was visible.
Landowners owe invitees a duty to exercise reasonable care to protect from unreasonable risks of harm, including inspection and warning.
Owners who permit free recreational use of their land are shielded from liability absent gross negligence or willful misconduct.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Michigan.
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