No Going Back: Court of Appeals Rules Against Use of Photographs Taken a year Later to Hold Premises Liability Defendant Liable

As held in Lowrey v LMPS & LMPJ, Inc, 500 Mich 1, 7 (2016), mere speculation as to how a premises liability trip and fall incident occurred, without evidence of showing actual or constructive notice as to the premises owner of a dangerous condition, is not enough to prove liability against a defendant premises owner. Further, photographs taken nearly a year post-accident of the alleged rug neither confirmed the same condition as the day of the accident nor estimated notice against the Defendant-Appellant.