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Aug 7, 2023 · August 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 ...
Aug 2, 2023 · The common-law elements of a tort claim are (1) a duty, (2) breach of that duty, (3) causation of the injury, and (4) damages. In Lugo, the Michigan Supreme Court held that the open-and-obvious-danger doctrine and its exceptions are addressed under the “duty” element of a premises-liability case.
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.
Act 170 of 1964. 691.1402a Municipal corporation; maintenance of sidewalk; liability; presumption; additional defense; limitation. Sec. 2a. (1) A municipal corporation in which a sidewalk is installed adjacent to a municipal, county, or state highway shall maintain the sidewalk in reasonable repair. (2) A municipal corporation is not liable for ...
Oct 12, 2023 · 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.
The “open and obvious” doctrine arose out of the idea that while a property owner had a duty to maintain their property in a reasonably safe condition, a landowner had no duty to warn of an open and obvious danger. In Hoffner v Lanctoe, 492 Mich 450, 460-461; 821 NW2d 88 (2012), the Michigan Supreme Court explained that a “possessor of ...
Aug 2, 2023 · In a consolidated opinion issued this past Friday, the Michigan Supreme Court dismantled the long-standing “open-and-obvious doctrine.” Previously, property owners could usually defeat slip and fall claims where the danger to the injured individual was open and obvious to a reasonable person — a well-settled legal principle for a state like Michigan, where citizens encounter familiar and ...
