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Ice and Snow Remain Open and Obvious (For Now)

Premises Liability / March 14, 2023

The Michigan Supreme Court recently heard oral arguments about the viability of the future of the open and obvious defense. The Court’s opinion(s) will determine whether prospective plaintiffs’ claims will be subject to a complete bar under the open and obvious defense, will be a jury question, will be an issue of comparative negligence, and who knows what else.

For now, defendants may continue to rely upon the defense as a complete bar absent any special aspects.

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