LANSING, Mich. (WLNS) – Michigan’s Supreme Court is expected to hear arguments and testimony about a state law that protects property owners from liability claims in the event that someone gets hurt on their property.
Afterward, the court will decide if it will take up the case.
Attorney Bryan Waldman explains the Open and Obvious Danger Doctrine and why he says many lawyers think it should be changed or modified in a big way.
“In a premises liability case, where somebody is suing a property owner, a store owner, someone in, in possession of property because they get injured due to what they perceive as a dangerous condition, whether it’s, you know, liquid on the floor that causes them to slip. Or a bad stair tread or a pothole in the parking lot or snow and ice,” said Waldman.
Waldman added that the property owner is not required to fix the condition or warn of the condition if an individual of “ordinary intelligence” would be able to recognize the condition upon casual inspection.
“[S]o it’s a total relief of any obligation or liability of the landowner,” said Waldman.
You can see the full explanation in the video player above.