Shut the Car Door! Unreasonable Risk of Injury Created by an Open Car Door of a Parked Vehicle

Citizens Ins Co of the Midwest v Eugene D. Wright, unpublished opinion per curiam of the Court of Appeals, issued June 20, 2019 (Docket No. 344221) expands upon the statutory interpretation of MCL 500.3106(1)(a), and the factors used to determine whether a vehicle is parked in an unreasonably dangerous manner. This case makes it apparent that the courts must interpret “parked in an unreasonably dangerous manner” on a case-by-case basis.

Specifically, the court must look at “the manner, location, and fashion in which a vehicle is parked” to determine whether the vehicle poses an unreasonable risk. Whether or not the vehicle is legally parked or protruding into the lane of traffic are merely factors that must be considered, but are not alone dispositive as to whether the vehicle was parked in an unreasonably dangerous manner. In a situation where the vehicle is protruding into the lane of traffic, the court must also determine whether the vehicle was avoidable by traffic. In this case, the Court of Appeals determined that the act of flinging open a car door into approaching traffic unambiguously created an unreasonable risk of bodily injury.

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