Michigan Supreme Court Restores Rights for Injured Consumers
In a significant decision, the Michigan Supreme Court dismantled one of the most restrictive barriers facing injured people in this state: the open and obvious doctrine. The ruling restores the ability of injury victims to have their premises liability claims decided by a jury rather than dismissed by a judge.
How the Old Rule Worked
Under the prior approach, a property owner had no duty at all with respect to a hazard that was considered "open and obvious" — meaning a hazard an average person would discover upon casual inspection. If a court concluded the danger fit that description, the case was over. It did not matter how careless the property owner had been, how long the hazard had existed, or how severe the resulting injuries were.
The practical effect was that many legitimate claims never reached a jury. Slip-and-fall cases involving ice, snow, uneven pavement and poorly maintained walkways were routinely dismissed.
What the Court Held
The Supreme Court concluded that the open and obvious nature of a hazard should not be treated as an automatic defense that eliminates the property owner's duty. Instead, it belongs in the analysis of comparative fault — one factor among several for a jury to weigh alongside the property owner's own failure to keep the premises reasonably safe.
That is a meaningful shift. A person's awareness of a hazard may reduce the damages they recover, but it no longer wipes out their claim entirely.
What This Means for Injured People
Claims that would previously have been thrown out can now move forward. If you were hurt because a business or landlord failed to address a dangerous condition, you have a genuine opportunity to hold that owner accountable. Premises liability cases in Michigan are once again evaluated on their facts.
Falls cause serious harm — traumatic brain injuries, fractures, spinal cord injuries and permanent disability. Those consequences deserve to be considered.
Discuss Your Case With Us
If you were injured on someone else's property and were previously told you had no case, the law has changed. Contact our personal injury attorneys for a free review of your claim. We work on a contingency-fee basis, so you owe no legal fees unless we recover compensation for you.
This article is provided for informational purposes only and does not constitute legal advice. Consult a qualified attorney at Logeman & Iafrate, P.C. for advice regarding your individual situation.
Frequently Asked Questions
Find answers to what matters most about your case and how we work.
What was the open and obvious doctrine?
For years, Michigan courts used the open and obvious doctrine to dismiss premises liability claims entirely whenever a hazard was considered visible upon casual inspection. Injured people lost cases before a jury ever heard the facts, even when the property owner had been careless.
What did the Michigan Supreme Court decide?
The Court held that the open and obvious nature of a hazard is not an automatic bar to recovery. Instead, it is considered as part of comparative fault, which a jury weighs along with the property owner's conduct in failing to address a dangerous condition.
How does this change premises liability cases in Michigan?
Many claims that would previously have been dismissed at an early stage can now proceed. Property owners can be held responsible for hazards they created or failed to remedy, and the injured person's awareness of the hazard affects the amount of damages rather than eliminating the claim.
Does this apply to slip-and-fall accidents on ice and snow?
Yes. Snow and ice cases were among those most often dismissed under the old rule. Under the current standard, a property owner's failure to reasonably maintain walkways and parking lots can support a claim even when the condition was visible.
How do I know if I have a premises liability claim?
The facts matter — how the hazard came to exist, how long it was present, what the owner knew, and what reasonable steps could have prevented your injury. An experienced premises liability attorney can evaluate your situation at no cost and explain your options.
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