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Premises Liability versus General Negligence in Michigan


Premises liability is one of the most pursued cases in the United States. In the State of Michigan, it fights with general negligence. When do you sue for premises liability and when do you sue for general negligence? Can your lawyer sue for both? Read on to find out more about the concepts and what you need to learn from them.

Difference Between Premises Liability and General Negligence

In the State of Michigan, premises liability arises from the conditions of the premises under the control of the defendant. On the other hand, general negligence stems from the conduct of the defendant. 

As we have discussed in some of the previous articles, premises liability is the liability of the possessor of the property who has control of the use and safety condition of the said property. On the other hand, lawyers sue for general negligence when there is negligence that arises from the conduct of the defendant.

It is not, however, always that obvious especially when the client is injured and the lawyer would want all of his or her bases covered.


Let us look at this simple scenario here: a grocery shopper slipped and fell into a puddle of clear fruit juice. The juice was spilled in a grocery aisle. There was indeed an injury but it is a simple slip and fall case or is it necessary to look at whether the individuals who should have done their jobs and kept the floor clean are liable for general negligence as well. It is not always clear-cut.

What would your lawyer do?

There have been many approaches that lawyers are known to take. For some lawyers, the trick is to plead multiple counts and see which one sticks. A premises liability claim that focuses on the alleged dangerous condition of the land is different from that which claims that there is negligence on the part of the possessor who has control over the property.

However, the fact is that the lawyer would only need to make a comprehensive complaint-affidavit where the lawyer is required to allege all of the claims of the plaintiff. The Michigan Court ruled on the matter in the case of Anbari v Union Square Development, Incorporated. In this case, the court ruled the following: 

Plaintiff’s injury resulted from a condition of the land and the plaintiff is suing the landowner. That this condition arose out of Woudenberg’s actions is not dispositive; indeed, many conditions of land arise out of a person’s actions. The plaintiff may not avoid the law of premises liability by characterizing this case as one involving ordinary negligence when he was injured by a condition of the land and is alleging a breach of reasonable care on the part of the landowner.

Of course, the circumstances of the case are controlling what would happen and how the court would decide in favor of or against the plaintiff. In the succeeding parts of this article series, we will look at the important aspects of a case that affects the outcome of the court’s decision, among others.

Haque Legal Has Your Back

Here at Haque Legal, we always have your back. Make sure that on your first free consultation we tell you everything that you need to know about your case as well as the cost and the expenses that would be associated with the filing of your case.

The consultation is free for the first time because we understand that you need to at least have that guidance coming from a reputable law firm and lawyer to assess your case. If you have a personal injury case and you need a lawyer to handle it you can always contact our law firm and we can talk about your situation and the best way that we can handle it, especially in terms of the expenses.

Let Haque Legal Help You With Your Case

If you require a lawyer who can assist you with ensuring that you protect your rights, it is important to know that you also have a team that can help you out with your specific needs. 

Our law firm is dedicated to making sure that those who are innocent will be protected by the law and that the full extent of justice will be used.


The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.

Let us help you out

If you need a lawyer to help you during your proceedings, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.

The post Premises Liability versus General Negligence in Michigan appeared first on Haque Legal.

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