An Open and Obvious Result? Court Holds That Repeatedly Avoided Condition Is Not “Effectively Unavoidable”

Attorneys representing businesses and their insurers have become very familiar with the “Open and Obvious Doctrine” of Lugo v Ameritech Corp, 464 Mich 512 (2001).  Lugo states that a property owner has a duty to protect invitees from “an unreasonable risk of harm caused by a dangerous condition on the land” but, the duty does not “encompass removal of open and obvious dnagers.”….