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

Appellate, Premises Liability / February 23, 2012

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.”….


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