Recent Premises Liability News in Michigan


Appellate Ruling

Michigan Supreme Court Standard Tested: Court of Appeals Issues Remand in MGM Grand Slip-and-Fall Case

In Jewell v. MGM Grand Detroit, LLC, the court shifted the “open and obvious” hazard analysis from a question of duty to comparative fault. This trend makes it more likely for cases to reach a jury and reduces the defense as a guaranteed dismissal.

Legislative Action

Michigan House Passes House Bill 4582 to Reinstate “Open and Obvious” Legal Defense

The Michigan House passed HB 4582 to overturn the Kandil-Elsayed decision, aiming to re-codify the “open and obvious” doctrine as a threshold legal defense, potentially allowing judges to dismiss cases involving visible hazards.

Defense Verdict

Appellate Court Favors Defense in Restaurant Slip-and-Fall: Notice Requirement Remains Key

A recent ruling reinforced the “actual or constructive notice” requirement. A restaurant prevailed by proving a lack of notice for a grease spill, emphasizing that property owners are not insurers of safety without proof of hazard duration.

Novel Liability

Wild Animal Attacks and Premises Liability: Court Rules on Goose Attack Case

In Leiendecker v. Ascension Genesys Hospital, the court ruled that persistent dangerous animal presence can be a hazardous condition. This expands the scope of “reasonable care” for businesses with outdoor areas.

Industry Advocacy

Business Advocacy Groups Push for Reform Amidst Insurance Crisis

Michigan business organizations launched a campaign for liability reform, citing a 40% spike in premiums. The coalition proposes codifying the “open and obvious” defense and capping non-economic damages.

 

Disclaimer: The premises liability summaries provided above are for informational purposes based on public news records available for Michigan (MI). The information provided is gathered from public news sources. It does not constitute legal advice. For specific legal guidance regarding an incident, please consult with a qualified professional.

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