Business and premises owners recently received some good news from the Michigan Supreme Court.
On April 14, the Supreme Court ruled in the case of Ragnoli v North Oakland-North Macomb Imaging, Inc. that:
“notwithstanding low lighting in the parking lot, the presence of wintry weather
conditions and of ice on the ground elsewhere in the premises rendered the
risk of a black ice patch “open and obvious such that a reasonably prudent
person would foresee the danger” of slipping and falling in the parking lot.”
In rendering its decision in Ragnoli, the Supreme Court reversed a previously unpublished Michigan Court of Appeals ruling, which had reversed the trial court’s granting of a motion for summary disposition indicating that there were questions of fact as to whether the black ice was open and obvious given evidence of poor lighting.
While premises owners must always maintain safe conditions, the Supreme Court’s ruling reinforces the notion that ice and snow are open and obvious during cold and wintry seasons.
Add a comment
Topics
- Property Liability
- Premises Liability
- Civil Litigation
- Negligence
- Damages Recovery
- Retail Liability
- Litigation Discovery
- Contractor Liability
- Insurance
- Residential Liability
- Appellate Law
- Fire Claims
- Construction Contractors
- Construction Law
- General Liability
- Personal Injury
- Commercial Liability
- Motor Vehicle Liability
- Water Loss Claims
- Commercial Real Estate
- Contracts
- insurance policy
- Fraud Activity
- Investigations
- Open & Obvious Doctrine
- Snow & Ice Claims
- Governmental Immunity
- Traumatic Brain Injury
- Marine Liability
- Maritime Law
- Open & Obvious
- Risk Management
- Artificial Intelligence
- Design Defect
- Industrial Liability
- Lost Earnings
- Business Risk Management
- Defamation
- Video Recording
- Liquor Liability
- 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
- Real Estate
- FDA Regulations
- Food Law
- Foodservice & Hospitality
- Regulatory Law
- Constructive Notice
Recent Updates
- What damages are recoverable in Michigan when property is negligently damaged or destroyed?
- Businesses can Bolster Lack of Notice Defense by Documenting Premises Inspections
- Avoiding the Premises Liability Trap of ‘Lost’ Evidence
- Appellate Court Faults Construction Company for Halting Work for Nonpayment in Breach of Agreed Upon Contract
- New Scope of Ohio Home Construction Suppliers Services Act Takes Effect
- The Skeptical Brain Injury – How Do You Prepare to Defend it?
- Post-Open and Obvious: What Property Owners Can Do to Protect Themselves
- Lessons in Civil Procedure and Civility from a Surprising Source: Barbie
- ‘Open and Obvious’ Falls, Restoring Focus on ‘Notice’ Defense in Michigan Premises Liability Cases
- Insurance Provider’s ‘Satisfaction’ Maketh the Proof of Loss



