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Aug 4, 2023 · Print Mail Download i. On July 28, 2023, the Michigan Supreme Court, in the consolidated cases of Kandil-Elsayed v. F & E Oil Inc. and Pinsky v. Kroger Co. of Mich. , overturned three decades of ...
- Wilson Elser Moskowitz Edelman & Dicker LLP
Jul 28, 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.
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 ...
Nov 30, 2022 · A condition is open and obvious if “an average user with ordinary intelligence [would] have been able to discover the danger and the risk presented upon casual inspection.” Novotney v. Burger King Corp., 198 Mich App 470, 475; 499 NW2d 379 (1993). The open and obvious defense has long been criticized by plaintiff personal injury attorneys ...
The Fall of the ‘Open and Obvious’ Doctrine Kari L. Melkonian And Laura A. Alton On July 28, the Michigan Supreme Court overturned its long-standing rule that property. owners have no duty to protect against open-and-obvious dangers. For the past 20-plus years, the “open and obvious” doctrine was a go-to defense for premises-liability ...
Aug 4, 2023 · On July 28, 2023, the Supreme Court of Michigan significantly changed the framework of premises liability law in Michigan and the open and obvious doctrine, which mainly found application in slip ...
F & E Oil Inc. and Pinskey v. Kroger Co. of Michigan. Premises Liability Law to Date. Generally, Michigan law requires that a landowner protect those they invite onto their property from harm caused by a dangerous condition on the land. In 2001, however, an earlier Michigan Supreme Court case – Lugo v.
