BYE BYE OPEN AND OBVIOUS DEFENSE
Since 2001 Michigan has had a very strong “open and obvious” defense to premises liability claims. All that has now changed after the recent ruling by the Michigan Supreme Court in Kandil-Elsayed v F & E Oil, Inc. No longer will the “open and obvious” defense result in the automatic dismissal of a slip and fall case. Whether the condition was open and obvious now remains relevant only on the issue of whether the plaintiff was comparatively at fault for the accident and/or whether the land owner/possessor had a duty of care towards the injured claimant.
This will upend the current status quo. Already hundreds of premises liability claims are being filed across the state with some claims going back to events occurring up to three (3) years in the past. Premises liability claims will significantly increase over the next two (2) years.
In preparation for the defense of such claims, premises owners or possessors, business owners and others in control of areas were customers visit or social guests gather should develop certain standard procedures. Create a Report of Injury Checklist. Record the date, time, exact location, witness names, addresses, emails, telephone numbers, description of injuries, description of defective condition and length the condition existed. Take photos of the area involved. Keep track of your salting, plowing, and maintenance activities. Have a plan to respond to on-site accidents involving guests or patrons.
Read entire case at:
Kandil-Elsayed v F & E Oil, 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.
A 24/7 Emergency Hotline is available (800-219-0007) for trucking and insurance company clients. When an accident requires an immediate response to protect evidence, members of the firm quickly launch an investigation with the assistance of well-qualified accident investigators, crash re-constructionists, mechanical engineers, civil evidence photographers, and independent adjusters positioned throughout Michigan and Northern Ohio.
Alexander & Angelas, P.C. measures its performance based upon three key metrics: aging of claims, indemnity expense, and legal defense costs. The firm refuses to over-litigate cases merely to increase legal fees and strives to resolve matters within one year from initial case assignment.
