Experience, expertise and common sense.
In the Eye of the Beholder: COA holds that lack of graspable handrail on staircase was open and obvious condition, and that artwork falling from wall did not cause slip and fall incident
In Estate of Charles Meredith v BRT Properties, LLC, the MI COA engaged in a thorough analysis of the open and obvious doctrine in Michigan, and again affirmed that claims arising from a condition on the land sound in premises liability and not negligence.
Premises possessors in Michigan will not be held liable for a plaintiff’s injuries arising from a condition on the land when that condition is open and obvious, even when the defendant caused the condition to exist.
Defense counsel should conduct thorough discovery of the facts and circumstances surrounding a premises liability incident, as the appellate court’s analysis in these cases is often fact-specific and turns on the evidence presented in the trial court.