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When Life Gives You Lemons … Make Sure You Have It on Camera

Premises Liability / February 14, 2022

In Nagel v Old Shillelagh, Inc., the Court of Appeals confirmed that the application of an adverse inference in a premises liability case at the summary disposition stage is not explicitly recognized in Michigan law. Furthermore, the Court reiterated that proof of notice (actual or constructive) of a dangerous condition based on a premises liability theory requires evidence from the accuser establishing that the premises possessor was aware of the danger before it took place or that it was caused by Defendant’s representatives or employees, along with proof of how long the dangerous condition existed before any incident on the premises.

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