A Mere Inconvenience: Court of Appeals Holds Patch of Black Ice on Sidewalk Created Mere Inconvenience of Access

Once again, the Court of Appeals has confirmed “the accumulation of ice or snow must be more than a ‘mere inconvenience’ before it renders the sidewalk unfit for its intended use.” Estate of Trueblood v P&G Apartments, LLC, 327 Mich App 275, 290 (2019). Moreover, the Court in short order reaffirmed common areas such as apartment walkways are not part of the ‘premises’ which a lessor or licensor must keep in reasonable repair.

Given the Supreme Court’s decisions in Estate of Livings v Sage’s Investment Group, LLC, ___ Mich ___ (2021) (Docket No. 159692) and Jeffrey-Moise v Williamsburg Towne Houses Cooperative, Inc, ___ Mich App ___ (2021), there may be some uncertainty as to the strength of the open and obvious doctrine in the future. For now, where the ice was visible upon casual inspection or there are significant indicia that impute knowledge of a potentially hazardous condition, the open and obvious doctrine remains a viable defense to slip and fall claims.

Access the full article here: https://bit.ly/3KkH0qn