The duty of care you owe to someone on your property is largely based on that individual’s status. Salazar v. Bowerman, No. 223121, 2001 Mich. App. LEXIS 431 (Ct. App. May 22, 2001). If someone enters your land without your consent, they are considered a trespasser. Id. You are generally not liable for any injuries they sustain, with a few exceptions for “willful and wanton” misconduct. Id. However, you do have a duty to warn licensees, those who enter your property with express or implied permission, of dangers that you know or have reason to know of. Id.
The complicated part is that licensees can sometimes appear to be trespassers. Under Michigan law, permission does not have to be expressly given, but if you simply acquiesce to a customary use, you may be giving implied permission. Thone v. Nicholson, 84 Mich. App 527 (1971). For example, if a neighbor publicly uses your yard as a shortcut on a regular basis, and although you are aware of this, you allow it to continue, it is possible that neighbor could be considered a licensee. Should that neighbor be injured by something you knew about as he cut through your yard, you may be held liable for his injuries.