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Iced Out: Michigan Court of Appeals Reaffirms Axiomatic Principle that Icy Sidewalk is Open and Obvious Hazard in Winter and Does Not Render Premises Unfit for its Intended Use and Purpose Under Michigan Landlord Tenant Act

Premises Liability / December 11, 2017

On December 7, 2017, the Michigan Court of Appeals issued its unanimous decision in Ferguson v Lautrec Ltd, ___ Mich App ___ (2017) (Docket No. 334435). The two questions presented in this slip and fall case are familiar to anyone handling premises liability cases in Michigan: (1) whether ice on a sidewalk renders that sidewalk unfit for its intended use and purpose under the Michigan Landlord-Tenant Act, and (2) whether ice on the sidewalk was open and obvious without a special aspect under the circumstances.

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