In a significant legal shakeup, the Supreme Court of Michigan has radically altered the premises liability law in the state and the associated open and obvious doctrine according to JD Supra. These changes, enacted on July 28, 2023, will have particular applicability in incidents regarding slips and falls.
The decision in the case of Kandil-Elsayed v. F & E Oil, Inc., No. 162907, 2023 WL 4845611 (Mich. July 28, 2023), stands as a marked shift in Michigan law. It implies that owners of premises, both residential and commercial, are more likely to face lawsuits going forward. The implications of the ruling could be far reaching, suggesting an increased need for people and businesses to be mindful of health and safety on their properties.
The doctrine of premises liability traditionally assigns responsibility to a property owner for accidents or injuries that occur on their property. The ‘open and obvious’ doctrine, specifically, often applies to cases where the hazard was apparent or should have been apparent to the injured party, reducing the responsibility of the property owner. However, with the changes in Michigan legislation, the barriers to place responsibility on property owners have been lessened.
The precise effects of these changes remain to be seen, although increased lawsuit numbers appear likely. Acting preemptively, those owning properties in Michigan should prepare by ensuring they are up-to-date with the new legislative changes, and carefully consider safety measures on their properties.
The decision has been documented in detail by the firm Roetzel & Andress, offering a deeper analysis available for legal professionals and interested parties.
Legal experts and organizations would do well to carefully review and consider the paradigm shift in Michigan’s premises liability law and what it means for the conduct of both businesses and individuals in the state.