Another open and obvious result that wasn’t so obvious? In split decision, Court of Appeals finds that 8-inch drop-off inside a residence was not discoverable upon casual inspection

The so-called “open and obvious” doctrine has – in the sixteen years since Lugo v Ameritech Corp, 464 Mich 512 (2001) – become integral to the defense of seemingly every premises liability suit.  Lugo states that a property owner is under no duty to protect an “invitee from an unreasonable risk of harm caused by…

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