Michigan Supreme Court Does Away with Open and Obvious Rule
For years, possibly even decades, Michigan has had some of the most restrictive premises liability rules which heavily favored property owners and their insurers. If a dangerous condition causing injury was “open and obvious” to an ordinary individual, the injured claimant was completely barred from recovering in a litigated claim. In one case frequently cited, a blind claimant fell on a defective condition in a restaurant bathroom. Because the condition was open and obvious to an ordinary individual, his case was dismissed.
However, in the recent Michigan Supreme Court decision in Kandil-Elsayed v F & E Oil, Inc. the Court reversed (abrogated) the open and obvious doctrine concluding that whether a defective condition was open and obvious would weigh against a claimant’s comparative negligence and not immediately bar the claim. The Supreme Court issued an exhaustive 107-page Opinion with analysis of premises liability law dating back to 1851.
Five (5) justices joined the majority and two (2) dissented. Justices Cavanaugh and Viviano dissented and wrote: “The result will greatly expand liability, lead to more litigation, and destabilize the law. Few of our recent decisions in this area of law have had the potential to wreak such havoc.”
This is a monumental change in Michigan’s premises liability law and will undoubtedly open the flood gates for new trip/slip and fall cases.
Click on the link to read the entire case at Kandil-Elsayed v F & E Oil, Inc. Contact attorney Peter Angelas to discuss the case.
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.
Bigstock