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Aug 7, 2023 · By: Jeffrey C. Hart. On July 28, 2023, the Michigan Supreme Court overturned the open and obvious doctrine, opening the door for individuals to file and win premises liability cases against Michigan property owners. This ruling signifies a massive shift in premises liability law, which deterred lawsuits and benefited landowners for more than 20 ...
Ryanne Rizzo is an attorney at Latham Law Group in Birmingham, where she focuses her litigation practice on plaintiff’s side personal injury cases.In addition to practicing law, she sits on the governing board for the State Bar of Michigan Litigation Section, is a member of the Michigan Association for Justice, and represents the 6th Circuit on the State Bar of Michigan Representative Assembly.
Jul 28, 2023 · On July 28, 2023, the Michigan Supreme Court released its long-anticipated opinion in Kandil-Elsayed v F&E Oil, Inc., which addresses the open-and-obvious doctrine in premises-liability cases. For over 20 years, property owners in Michigan did not have a duty to protect against open and obvious dangers. Kandil-Elsayed overrules decades of ...
Oct 12, 2023 · Oct 12 2023. Slip and Fall. The Michigan Supreme Court has overturned the “open and obvious doctrine” on July 28, 2023. This ruling is a huge shift in premises liability law and it will again allow individuals to file and actually win a premises liability or slip and case against property owners in the State of Michigan.
Nov 30, 2022 · The open and obvious defense has long been criticized by plaintiff personal injury attorneys as being overly harsh and depriving injured persons their day in court after being injured from a dangerous condition existing on the premises. As with most legal theories, there are exceptions to the rule. When there are “special aspects” to the ...
BY: John Malone | IN: Personal Injury. In a blow against landowners, landlords, and insurers, the Michigan Supreme Court overturned a 2001 decision that controversially established the “open and obvious” defense to slip-and-fall claims and other premises liability cases . In a 5-2 decision in an opinion issued on July 28, 2023, the court ...
In a monumental shift in premises liability law, the Michigan Supreme Court essentially adopted the arguments of the opponents of the open and obvious doctrine and threw out decades of premises liability law holding that Lugo v Ameritech Corp, Inc, 464 Mich 512; 629 NW2d 384 (2001