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Open and Obvious After Dark: How Lighting Conditions Affect Application of the Doctrine

Premises Liability / September 9, 2020

In Davis v SCG Hotel Investors Holdings REIT, et al., unpublished opinion per curiam of the Court of Appeals, the Michigan Court of Appeals offered guidance about the way in which lighting conditions may affect the application of the open and obvious doctrine.

While not binding, the Court’s decision demonstrates the importance of addressing possible impediments to vision. Specifically, conditions such as darkness or low lighting should be considered when assessing premises liability.

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