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Slippery When Wet? Danger of Slipping on Bathroom Floor was Open and Obvious

Premises Liability / August 25, 2021

When a plaintiff slips and falls on an allegedly wet bathroom floor in a business, their claim “sounds only in premises liability” and is subject to the open and obvious defense. Wilson v Detroit Entmt, LLC, unpublished opinion per curiam of the Court of Appeals, issued July 22, 2021 (Docket No. 354412).

In Wilson, “[t]he hazardous condition of the bathroom floor … at most consisted of dampness caused by humidity, soap, or water; however, from the conditions of the restrooms generally, as previously experienced by plaintiff on the same day, and the presence of a wet floor sign in the restroom, an average person of ordinary intelligence would know to take care to avoid a potential slipping hazard.” Wilson, unpub op at 4.

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