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Knock, Knock? Who’s There? An Implied Licensee.
Newsletter Premises Liability / December 27, 2017
In a published decision, Kelsey v Lint, issued December 14, 2017 (Docket No. 336852), the Michigan Court of Appeals ruled that Plaintiff was not a trespasser when returning to Defendant’s property after a garage sale. Plaintiff had an implied license to enter the property based on an implied license to approach a residential home and knock on the front door. Absent fencing or a “no trespassing” sign, Plaintiff was still within the scope of the public’s implied license when she exited her vehicle and was attacked by a dog.
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