Personal Injury Lawsuits and the "Open and Obvious" Defense in Michigan
Personal injury lawsuits and the "Open and Obvious" defense in Michigan is the topic of a new video by attorney Peter Angelas, who reviews the history of the "open and obvious" defense in Michigan over the past two decades in this video.
Twenty years ago the Michigan Supreme Court ruled that if a situation was open and obvious to an ordinary individual, you can not make a case for personal injury.
This changed in July 2023, when the Michigan Supreme Court revisited the issue and dramatically changed the open and obvious defense. Now a claim can be made but the trier of fact--a judge or jury--needs to decide if the plaintiff was at least 50 percent at fault.
What this means is that more cases will be going to Michigan trial courts. Peter Angelas discusses best practices that property owners can take to defend themselves.
Click on the link to watch the video.
Read our related article, "Michigan Supreme Court Does Away with the Open and Obvious Rule."
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.
Visit Alexander & Angelas online at https://www.alexanderandangelas.com/ for more information. Partner Peter A. Angelas is available to discuss a confidential matter.