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…

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Black Ice, Bright Warning: Condo Associations on the Hook After Janini Shift

As a condominium owner, are you considered a co-owner or simply an invitee? The Court of Appeals’ decision in Byzewski v Shelby Woods signals that condominium associations can no longer rely on Francescutti to bar slip-and-fall claims by co-owners. Following Janini, condo residents are now treated as invitees, meaning associations must anticipate and address hazardous…

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No Jackpot for Plaintiff: Court Upholds Dismissal in Casino Slip-and-Fall

The Court of Appeals’ decision in Anthony v Greektown Casino LLC reinforces that Michigan courts expect a standard of reasonable care, not perfection. One visible sign an entrance may discharge a business’s duty, especially when the plaintiff saw it and noticed custodial activity nearby. Summary disposition remains a strong defense tool in premises liability litigation. For…

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