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No Notice May Mean No Problem for Property Owners, Even if Defect Wasn’t Open and Obvious
“To defeat summary disposition in a premises liability case when a defendant alleges a lack of notice, a plaintiff must present some evidence that the defendant had actual or constructive notice of the dangerous condition.” Jaber v Meijer Group, Inc, unpublished opinion per curiam of the Court of Appeals, issued August 20, 2020 (Docket No. 348158), p 5.
The only exception to this is where “the dangerous condition is a result of a defendant’s active negligence,” i.e., “where a defendant or his agents have created a dangerous condition.” Id.
When the property owner did not create the condition and there is no evidence of actual or constructive notice, summary disposition is warranted regardless of whether the condition was open and obvious or presented special aspects. Id.
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