The “notice” defense shifts back into focus after a recent Michigan Supreme Court ruling dismantled the “open and obvious” defense for premises liability claims.
Comments
Quickly determining “satisfactory proof of loss” for property claims can help insurance providers mitigate or even avoid paying penalty interest under Michigan’s Uniform Trade Practices Act.
Responding timely to “satisfactory proof of loss” notices can help insurers limit or even avoid paying penalty interest under Michigan’s Uniform Trade Practices Act.
The Michigan Supreme Court on Friday issued a landmark decision that abolishes the open and obvious defense for premises liability cases.
In a published decision, the Michigan Court of Appeals ruled that a dog is a “condition on the land” under premises liability, and as such, can be defended by the open and obvious danger doctrine.
Topics
- Civil Litigation
- Litigation Discovery
- Product Liability
- Premises Liability
- Property Liability
- Consumer Liability
- Consumer Protection
- Food Law
- Foodservice & Hospitality
- Retail Liability
- Negligence
- Insurance
- Residential Liability
- Fire Claims
- Appellate Law
- Contractor Liability
- General Liability
- Damages Recovery
- Construction Contractors
- Construction Law
- Commercial Real Estate
- Commercial Liability
- Motor Vehicle Liability
- Water Loss Claims
- Snow & Ice Claims
- Open & Obvious Doctrine
- insurance policy
- Personal Injury
- Fraud Activity
- Investigations
- Governmental Immunity
- Contracts
- Traumatic Brain Injury
- Risk Management
- Open & Obvious
- Business Risk Management
- Marine Liability
- Maritime Law
- Artificial Intelligence
- Liquor Liability
- Design Defect
- Industrial Liability
- Lost Earnings
- Defamation
- Video Recording
- Professional Liability
- Independent Medical Examinations (IME)
- Sports-liability
- Alternative Dispute Resolution (ADR)
- Auto Liability
- Bankruptcy
- Intoxication
- Judicial Estoppel
- No Fault Liability
- Trucking Liability
- Wrongful Death
- FDA Regulations
- Real Estate
- Regulatory Law
- Constructive Notice
Recent Updates
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- Product Liability Risk Management for e-Bikes and Scooters
- The Missing Feature: When ‘Doing Nothing’ Becomes the Product Liability Theory
- America’s 250th Birthday Celebration Poses Old and New Products Liability Risks
- Is Social Media the Next Frontier in Products Liability Defense?
- Spring Cleaning – Know Your Duties With Snow, Ice Liability
- What damages are recoverable in Michigan when property is negligently damaged or destroyed?
- Businesses can Bolster Lack of Notice Defense by Documenting Premises Inspections
