Don’t Forget to Look Down: Sidewalk Depression Was Not “Unreasonably Fit”

In Spitz v Occidental Development, LLC, the Michigan Court of Appeals held that a sidewalk depression did not render the sidewalk “unreasonably fit” for the intended use of walking on it. The Court held that the condition of the sidewalk was open and obvious and avoidable. Therefore, Defendant complex owner owed no duty to its tenant to protect, identify nor repair under MCL 554.139.

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