Slip and Fall Alert: How an Average Person’s Perception Can Determine Liability

In the recent case of Armstrong v Nathan Bining, M.D., PLLC, the Michigan Court of Appeals held that the Plaintiff did not provide sufficient evidence to establish that the Defendants had prior knowledge of the icy condition on the sidewalk where she slipped and fell. The Court supported the trial court’s ruling that the presence of the ice was open and obvious, meaning that an average person would be able to perceive and avoid it. It is noteworthy that the Plaintiff only noticed the ice after the fall occurred. Additionally, the Court considered the fact that other individuals had successfully traversed the same sidewalk without encountering any issues. This case underscores the importance of establishing notice and the application of the open and obvious doctrine in premises liability cases.

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