Notice First, Fall Second: A Simple Formula Necessary for Slip & Fall Plaintiffs to Collect

The Court of Appeals highlights what is required in order to establish constructive notice in a premises action. Just as the Supreme Court held in Lowrey v LMPS & LMPJ, Inc, 500 Mich 1 (2016), in order to establish constructive notice, a plaintiff must prove that the dangerous condition was of “such a character” or had “existed a sufficient length of time” that the owner “should have knowledge of it.” Additionally, the owner of the premises is not required “to present evidence of a routine or reasonable inspection … to prove a … lack of constructive notice of a dangerous condition on its property.” Id. at 10. More than “mere speculation” must be presented in order to establish constructive notice. Without more, a plaintiff in a premises action will never survive a motion for summary disposition.

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