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On Remand, Court of Appeals Again Sends Dinner Party Slip and Fall Case to Jury

Premises Liability / March 18, 2019

The majority opinion in this case holds that reasonable persons could disagree on whether a “nonvisible change in floor level, presented an unreasonable risk of harm, whether plaintiff knew or had reason to know of the condition and the risk involved, and whether defendants should have expected that plaintiff would not have discovered the hazard before falling victim to it,” such that the issue is for the jury. This case may well go up to the Supreme Court yet again, and it remains to be seen whether a majority of the Michigan Supreme Court will take the same view.

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