Still Open, Still Obvious: Michigan Court of Appeals Follows Binding Precedent and Declines to Revisit Application of Open and Obvious Doctrine in Michigan

The condition of an elevated and differently-colored patch of asphalt on a sidewalk was an open and obvious condition without any special aspects in this case that would make it effectively unavoidable or unreasonably dangerous.

The open and obvious doctrine remains good law in Michigan, and the Court of Appeals declined the request from the Plaintiff in Estate of Aldo Grilli to “effectuate a sweeping change” to that law.

The Michigan Court of Appeals did seem to acknowledge that the Michigan Supreme Court may be poised to revisit the open and obvious doctrine, as astute legal practitioners in Michigan have been monitoring, but correctly deferred to the higher court in following binding precedent as it exists today.

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