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Premises Owners’ Speculative Knowledge of Fall-Protective Equipment is Not Enough to Raise a Question of Fact
Newsletter Premises Liability / August 20, 2021
In Estate of Velez v Shafer, et al., the Michigan Supreme Court found that the Court of Appeals erred in finding that a work crew member who fell from a roof established a question of fact in his premises liability claim. In further explanation, the Michigan Supreme Court found that the Court of Appeals majority relied on nothing but speculation regarding the Defendant premises owners’ knowledge of the existing failure to provide fall-protection equipment and this was not enough to prevent dismissal as to the present premises liability claim.
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