Objectively Speaking: Applying the Reasonable Person Standard to Common Areas

In Coppola v Edward Rose & Sons, LLC, unpublished opinion per curiam of the Court of Appeals, issued March 28, 2019 (Docket No. 341033), the Michigan Court of Appeals clarified the duty landlords owe to tenants injured in common area parking lots, and specifically the standard that ought to be applied to determine whether a breach of that duty occurred.

Although unpublished, Coppola reinforces Michigan Supreme Court precedent about a landlord’s duty to maintain its common areas, and provides new guidance about the standard courts should use to determine whether there has been a breach of that duty.

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