How’s That Sound? Premises Liability is Still Premises Despite Artful Pleading

The Michigan Court of Appeals decision in Edwards v Motor City Theatre Organ Society, Inc., helps clarify how Michigan courts draw the line between premises and negligence claims, and why not every accident gives rise to a claim for negligence. A plaintiff’s label on a complaint will not win the day.

The Edwards Court reviewed a premises claim which was presented alongside a bouquet of negligence allegations. The Court was unpersuaded. The case serves as a reminder to would-be plaintiffs that their framing of a case is not determinative of how the case will be analyzed. Cases which arise from an alleged dangerous condition on the land will sound in premises liability, no matter how the lawsuit is labeled.