Water or Grease? Doesn’t Matter: Wet Spot Was Open and Obvious

In Pamela Grunau v East Lansing Athletic Club, Inc., unpublished opinion of the Court of Appeals, a wet spot on the carpet visible to Plaintiff was open and obvious. The nature of the liquid which caused the wet spot was irrelevant since it was avoidable.

Plaintiff’s attempt to argue it was a negligence case (and avoid the open and obvious defense) was futile since the claim arose out of a condition on the land rather than an overt act by the Defendant.

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