Posts in Premises Liability.

Open and obvious may be gone in Michigan, but property owners can still protect themselves in premises liability cases.

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The “notice” defense shifts back into focus after a recent Michigan Supreme Court ruling dismantled the “open and obvious” defense for premises liability claims.

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The Michigan Supreme Court on Friday issued a landmark decision that abolishes the open and obvious defense for premises liability cases. 

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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.

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As water claims rise, insurance industry braces for a potential deluge of new form arson cases.

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The Indiana Supreme Court ruled store manager in a premises liability case can't be held personally liable for negligence for an accident in which he was not directly involved.

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Michigan Court of Appeals rules water filled pothole is “open and obvious” in retail parking lot premises liability case.

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Michigan appellate court rules contractors may be loaned temporary property possession rights, allowing them to assert an open and obvious defense in a premises liability claim, a defense typically reserved for actual property owners.

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A party cannot overcome insufficient deposition testimony through a contradictory affidavit.

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If you can’t remember last night at the bar, you probably shouldn't file a lawsuit when you wake up in the hospital.

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In new unpublished case, Michigan Court of Appeals rules black ice is open and obvious.

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Don’t be spooked by your own “phantom employees” in premises liability cases.

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You could feel like a sad face emoji if comments found on your own social media accounts bolster a plaintiff’s premises liability claim.

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An afternoon at the ball park could include foul balls, broken bats and flying hot dogs, so understand your personal risk before buying your tickets!

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

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

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

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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.

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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.

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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.

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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.

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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.

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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.

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Implementing a surveillance video retention policy can help businesses defend against premises liability claims.

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A recent ruling by the Michigan Court of Appeals further clarifies the proper use of Grandberry-Lovette v Garascia in premises liability cases where constructive notice is at issue.

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Appellate court affirms trial court's ruling to allow land survey as evidence in slip and fall liability case.

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Actions outside the scope of an invitation by an invitee could change his/her legal status for purposes of premises liability.

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Applying "open and obvious" doctrine just got tougher following recent appellate court ruling that a snow covered parking lot may represent a 'special aspect.'

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The need to access one’s mailbox may constitute an “extenuating circumstance” such that Michigan’s open and obvious danger doctrine will not bar potential recovery.

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Invitees can become a trespassers when they venture into an area they are not authorized or expected to be.

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A recent ruling from the Michigan Court of Appeals may adversely affect knowledgeable property owners with regard to constructive notice.

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The Michigan Court of Appeals recently ruled that a non-tenant plaintiff is not owed a statutory duty under state law governing the condition of a rental dwelling.

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Michigan Supreme Court rules non-possessory, uninvolved property owners cannot be held liable in public nuisance claims.

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Michigan House and Senate pass two bills, codifying trespasser liability and leaving intact any immunity and defenses.

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