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Perfection Not Required: Steps Need Not be Perfect to be Fit for Intended Use

Premises Liability / May 21, 2019

In Newman v Kren, unpublished opinion per curiam of the Court of Appeals, issued April 25, 2019 (Docket No. 341823), the Court of Appeals affirmed longstanding principles of premises liability involving alleged defective steps. The Court largely relied on Allison v AEW Capital Mgt, LLP, 481 Mich 419, 425 (2008) stating, “mere inconvenience of access will not defeat the characterization of the step as being fit for its intended purpose.” Allison, 481 Mich at 430-431. Under Allison, Defendants did not have to maintain the steps “in an ideal condition or in the most accessible condition possible.” Id. They only had to maintain the steps so that they were fit for use as steps – perfection was not required.

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