Premises Liability

The MI Supreme Court once again took another bite out of premises liability cases, this time claiming that even a business invitee with a contractual right to enter a fitness center as a member, did not have a cause of action, after sustaining injuries due to an icy sidewalk.

The Plaintiff claimed that the condition was unavoidable because she had a business interest in entering the premises as a gym member. However, the Court held that because of Michigan’s geographic location, it makes it prone to winter, ice and snow. Thereby, holding that ice on a sidewalk was once again an open and obvious danger.

This result makes it almost impossible to sue for injuries for the negligent removal of ice and snow in the winter. There appears to be no duty for the premises owner to remove any ice or snow in the winter.

What can a person do? Go someplace else!!
These cases are very fact specific and unless there is some special aspect of the condition, despite its open and obvious nature, there is no cause of action regardless of the injuries.

How can we change the law: Get informed with the current Supreme Court race and vote out ultra conservatives. Check out the website below for the complete opinion:

courts.michigan.gov/supremecourt/Clerk/11-12-Term-Opinions/142267-Opinion.pdf

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