Wet Cardboard Was Not An “Open and Obvious” Danger

Plaintiff went to a convenience store on New Year’s Eve when she slipped and fell on a piece of wet cardboard that protruded from under a floor mat placed just inside the store. Plaintiff sued the store for her injuries under premises liability and general negligence theories. The Trial Court summarily dismissed the case, ruling that the cardboard was an open-and-obvious danger.

On appeal, the decision was reversed. The Appellate Court deemed that only premises liability case law was controlling, not negligence case law. The Michigan Court of Appeals wrote that while the cardboard may have been open and obvious, the risk posed by the cardboard was not. An average person would not have noticed upon a quick inspection that the wet cardboard itself created a risk of injury. At that moment, the cardboard did not appear wet or suggest that it was dangerous.

The Court of Appeals reversed and remanded the case to the Trial Court for final disposition.

Click on the link to read the court ruling in the case Stewart v. Bapashree Inc.

ABOUT ALEXANDER & ANGELAS, P.C.

Alexander & Angelas, P.C. represents defendants in civil liability litigation across Michigan and Northern Ohio. The firm’s practice areas include insurance defense litigation, premises liability, motor carrier (trucking) defense, corporate and commercial litigation, construction defect litigation, auto negligence, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogation claims, workers’ compensation, employment law, and liquor liability.

Attorneys practice in all state and federal courts in Michigan, including Wayne County (Detroit), Macomb County (Mount Clemens), Oakland County (Pontiac), Washtenaw County (Ann Arbor), and Genesee County (Flint). Legal services are also provided in Northern Ohio. Since its founding in 1992, the firm has litigated over 4,000 civil cases.

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