Experience, expertise and common sense.

No Notice? No Problem for Property Owners

Premises Liability / June 26, 2020

A premises owner owes an invitee “a duty to use reasonable care to protect invitees from unreasonable risks of harm posed by dangerous conditions on the owner’s land.” DeClark v Professional Suites, LLC, unpublished opinion per curiam of the Court of Appeals, issued June 11, 2020 (Docket No. 348308), p 3.

This duty is breached when a premises owner “knows or should know of a dangerous condition on the premises of which the invitee is unaware and fails to fix the defect, guard against the defect, or warn the invitee of the defect.” DeClark, unpub at 4.

A defendant’s duty to protect invitees (such as the Plaintiff in DeClark) from dangerous conditions on the land does not arise unless the defendant has actual or constructive notice of the condition. Bertrand, 449 Mich at 609.

To access the full article:


Quality legal representation is the result of knowledge, economy & hard work

Best Law Firms - 2024