Bertha Brown v. Target Corporation

Date: 10-24-2025

Case Number: 24-CV-11857

Judge: Jonathan J.C. Grey

Court: United States District Court for the Eastern District of Michigan (Wayne County)

Plaintiff's Attorney:

Defendant's Attorney:

Description: Detroit, Michigan, personal injury lawyer represented the Plaintiff on a premises liability claim.

AI Overview

Michigan premises liability law holds property owners accountable for injuries caused by a failure to maintain a safe property. To succeed in a claim, a person must prove the property owner was negligent, meaning they knew or should have known about a dangerous condition and failed to fix it or warn of it, and that this failure caused the injury. The level of duty owed depends on the visitor's legal status (invitee, licensee, or trespasser).
Key aspects of Michigan premises liability law

Negligence is the basis:

A claim is based on the property owner's negligence in failing to exercise a reasonable duty of care to protect visitors from harm.

Duty of care:

The owner's duty to protect visitors varies based on their legal status on the property.

Invitees: (e.g., customers in a store) are owed the highest degree of care.

Licensees: (e.g., social guests) must be warned of dangerous conditions the owner knows about.
Trespassers: Are owed the lowest level of care, with the duty being to refrain from willfully injuring them.

Recent legal changes:

A significant change occurred in 2023 when the Michigan Supreme Court eliminated the "open and obvious" defense in many cases, which previously protected property owners from liability for conditions that were easily noticeable. The court now requires owners to exercise reasonable care to protect invitees from unreasonable risks, even if the risk is visible.
Elements of a claim:
To win a case, the injured person must prove:

The property owner had a duty to protect them.
That duty was breached.
The breach of duty caused the injuries.
The nature and extent of the injuries.

Comparative fault:

Michigan uses comparative fault, which can reduce the amount of compensation a person receives if they are found to be partially at fault for their own injuries.

Statute of limitations:

A premises liability claim must be filed within three years of the accident.
Notice requirement:

If the accident occurred in a public place, you must give notice to the relevant government agency within 120 days.

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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