Michigan Court of Appeals Considers Parent’s Failure to Supervise and Declares Open and Obvious Does Not Apply to Children Under 7-Years Old

This decision formally recognizes that children under the age of seven are exempt from the open and obvious standard as they are unable to recognize and appreciate the inherent dangers of a stated condition. It also serves to remind that although a non-party may be immune from civil liability, the percentage of fault of the non-party must be considered when apportioning the fault of named defendants.

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