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Risk Management Resources and Insights

Court Reluctantly Confirms Open and Obvious Doctrine in Ordinary Negligence Claims Involving Snow and Ice

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Appellate court reluctantly applies open and obvious doctrine in snow and ice case involving claim of ordinary negligence. Continue Reading ›

Tags: Open & Obvious Doctrine, Premises Liability

Low Light and Black Ice Does Not Avoid Open and Obvious

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Michigan Supreme Court ruling reinforces open and obvious doctrine in black ice case. Continue Reading ›

Tags: Open & Obvious Doctrine, Premises Liability

Gift of the Magi-ority: Supreme Court Hands Premises Owners Golden Opinion on Notice Defense

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Michigan Supreme Court gives premises owners early holiday present, ruling “reasonable inspection” not required in slip and fall claim. Continue Reading ›

Tags: Premises Liability

Judicial Estoppel/Standing: A Power Tool for Your Risk Management Toolbox

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A simple deposition question about a plaintiff’s bankruptcy history could result in a dismissal for the defense. Continue Reading ›

Tags: Bankruptcy, Risk Management

When Documenting Incidents What you Don't see on Video may be 'Must See TV'

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This final installment of our four-part incident documentation series takes a look at the power of surveillance video and photos... or the lack thereof. Continue Reading ›

Tags: Open & Obvious Doctrine, Premises Liability, Retail Liability, Risk Management, Snow & Ice Claims

Witness Statements Bolster Incident Documentation

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Part three of this four-part premises liability series focuses on the strategic issues one should consider when collecting witness statements as part of an incident report procedure. Continue Reading ›

Tags: Premises Liability, Retail Liability, Snow & Ice Claims

The Importance of Incident Reports in Premises Liability Claims

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In this second part of our four-part series on premises liability documentation, we take a look at the importance of detailed incident reports as a means for defending against a plaintiff's slip, trip and fall claim. Continue Reading ›

Tags: Premises Liability, Risk Management, Snow & Ice Claims

Incident Documentation Series - The Need for Thorough Inspections

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Proper incident inspections are the focus of this post, which is the first in a four-part series on premises liability documentation best practices. Continue Reading ›

Tags: Premises Liability, Risk Management

Appellate Court Ruling 'Potentially Dangerous' for Premises Owners

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Appellate court reverses trial court ruling favoring bar owner in premises liability case, and in so doing, creates notice and open and obvious doctrine questions of fact. Continue Reading ›

Tags: Open & Obvious Doctrine, Premises Liability

Supreme Court Grants Relief to Premises Owners in 'Open and Obvious' Cases

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The Michigan Supreme Court recently doubled-down on the plain meaning of "open and obvious" in premises liability claims by reversing two lower appellate court rulings. Continue Reading ›

Tags: Open & Obvious Doctrine, Premises Liability, Snow & Ice Claims
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