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The Record is Clear: Violation of City Ordinance Does Not Equate to Breach of Duty of Care

Premises Liability / April 10, 2018

In Kohlman v Spear, the Court of Appeals affirmed longstanding Michigan case law precluding plaintiffs from asserting that violation of a city ordinance equates to a violation of a duty of care. Michigan law provides that a violation of an ordinance may be used only as evidence of negligence, and has little or no bearing upon the purely legal question of whether a defendant owed a duty in the first place.

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