Michigan Slip & Fall (Premise Liability) Laws

The Old “Open & Obvious” Rule

Until recently, the slip and fall laws in the State of Michigan made it difficult to recovery due to Michigan extreme open and obvious laws. This law prevented those victims from recovering if they new or should have of the potential risks that
caused their fall. This unfairly placed the emphasis on a victims ability to recognize potential dangers instead of the owner’s duty to remove the hazard or warn visitors or invitees about its risks. It is clear that owners are in a better position to evaluate
potential hazards and risks on their properties, not their guests.

2023 Ruling + Ice & Snow

In 2023, The Michigan Supreme Court, in a landmark joint ruling in two cases in 2023 Kandil-Elsayed v. F & E Oil and Pinksy v. Kroger, overruled the onerous law established in Lugo v. Ameritech Corp, Inc. and set forth a new standard to determine liability based upon open and obvious which analyzes comparative negligence and breach of duty rather than the determination of duty itself. This change finally provides a fair analysis of claims for individual who suffer injury due to slip and fall incidents.
Does This Change Apply to Ice & Snow?
Yes – these changes apply to snow and ice falls.
Pre-2023 open & obvious rule 2023 Supreme Court decision Post-2023 comparative negligence

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