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- Torts & Litigation
- Liquor Liability
- Premises Liability
- Residential Liability
- Retail Liability
- Ski Liability
- Third Party Criminal Acts
- Veterinary Malpractice
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Plunkett Cooney has a long history of defending owners of premises where an accident occurred. Our attorneys routinely handle cases involving slip, trip and fall lawsuits, liquor liability or “dram shop” actions, as well as numerous other claims brought against owners of public and private property.
Open and Obvious Doctrine
The open and obvious defense has literally become the first line of defense for premises liability cases in Michigan following the decision in Lugo v. Ameritec Corp. Members of the Litigation Practice Group successfully used the open and obvious doctrine, which holds that a premises possessor is not required to protect an invitee from open and obvious dangers, to successfully argue and win motions for summary disposition on behalf of their clients in premises liability cases.
Clients of the firm prevailed on motions for summary judgment with the following facts at issue:
- A parking block in a parking lot was open and obvious and no liability could be imposed upon the premises owner when a customer fell over a parking block
- When plaintiff fell on peanut shells on a floor inside a restaurant the court determined the peanut shells to be open and obvious
- Spilled pop on a supermarket floor was deemed open and obvious
Ice and Snow
Over the years, ice and snow in the state of Michigan has created numerous claims of personal injury from slips and falls on snow, ice and hidden ice under snow. The members of the Litigation Practice Group stay abreast of recent developments in premises liability law, particularly with respect to ice and snow claims.
Recent cases have resulted in rulings that ice and snow and even ice covered by snow are, in fact, open and obvious situations, which can, if properly argued, be held to be open and obvious and, therefore, impose no liability upon the defendant premises owners.
Following a vigorous defense by Plunkett Cooney attorneys, a slip and fall on a curb hidden under a pile of snow was successfully found to be an open and obvious defect resulting in no liability. Our attorneys won a motion for summary disposition at trial predicated on the open and obvious defense and successfully appealed a Michigan Court of Appeals reversal of the trial court’s ruling to the Michigan Supreme Court. The plaintiff’s claim of serious personal injury was dismissed.
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- Michigan Supreme Court Reverses Court of Appeals on Inspection as Part of the Notice Defense
- Supreme Court Rules Open and Obvious Doctrine Unaffected by Contractual Rights in Premises Liability Case
- Appellate Court invalidates parents' pre-injury liability waivers for minor children
- Court Ruling May Significantly Limit Premises Liability Claims Against Landlords
- Michigan Supreme Court to Define Duty Owed by Residential Landlords
- Michigan Court of Appeals Overturns Itself to Hold Apartment Management Liable in Snow/Ice Cases
Recent Blog Posts
- Heads up! Baseball, Hotdogs and… Personal Risk at the Ball Park?
- Court Reluctantly Confirms Open and Obvious Doctrine in Ordinary Negligence Claims Involving Snow and Ice
- Low Light and Black Ice Does Not Avoid Open and Obvious
- Gift of the Magi-ority: Supreme Court Hands Premises Owners Golden Opinion on Notice Defense
- When Documenting Incidents What you Don't see on Video may be 'Must See TV'
- Witness Statements Bolster Incident Documentation
- The Importance of Incident Reports in Premises Liability Claims
- Incident Documentation Series - The Need for Thorough Inspections
- Appellate Court Ruling 'Potentially Dangerous' for Premises Owners
- Supreme Court Grants Relief to Premises Owners in 'Open and Obvious' Cases