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Premises liability is an area of law that holds property owners and occupiers responsible for maintaining a safe environment for visitors. In Michigan, the “open and obvious” doctrine is an important concept in premises liability law. This blog will discuss what the “open and obvious” doctrine is, how it affects premises liability cases in Michigan, and what you need to know if you have been injured on someone else’s property.

To start with, it is the law in Michigan that a premises possessor owes a duty to undertake reasonable efforts to make its premises reasonably safe for its invitees. Lugo v Ameritech Corp, 464 Mich 512, 526; 629 NW2d 384 (2001). As such, a premises possessor “owes a duty to an invitee to exercise reasonable care to protect the invitee from an unreasonable risk of harm caused by a dangerous condition on the land.” Id. at 516, citing Bertrand v Alan Ford, Inc, 449 Mich 606, 609; 537 NW2d 185 (1995). A premises possessor is generally not required to protect an invitee from open and obvious dangers however. Riddle v. McLouth Steel Products, Corp., 440 Mich 85, 91; 485 N.W.2d 676 (1992).

WHAT IS THE “OPEN AND OBVIOUS” DOCTRINE?

It has been well documented in the news and social media that the 2019 changes to the Michigan No-Fault Law have had many devastating consequences for persons seriously injured in vehicle crashes.  A very real example of this is a case we are handling for a pedestrian that was mowed over by 2 vehicles that fled the scene of the accident.  As a result, our client suffered fractures to both hips, ribs and collarbone.  He lacerated his liver, sustained a penile injury and had bleeding on the brain.  He spent 1-1/2 months in the hospital, underwent multiple surgeries and requires round-the-clock care to assist him with activities of daily living.

Prior to enactment of the 2019 No-Fault Law, our client would have had unlimited lifetime benefits for what are referred to as, “allowable expenses.”  These include things like medical expenses, home or vehicle modifications and attendant care.  “Attendant care” basically refers to home nursing assistance to help an injured person with activities of daily living he or she can no longer do for themselves.  This includes things like assisting with bathing, toileting, dressing, grooming, administering medication, helping get in and out of a chair or bed, etc.

Under the new law, allowable expenses are capped for our client at only $250,000.  While that may seem like a lot, it is really only a drop in the bucket for seriously injured victims of vehicle crashes.  In our client’s case, the full $250,000 was used up on the first day of his hospitalization, leaving nothing left to pay for the additional medical treatment he requires or the attendant care providers he will need the rest of his life.  As a result, the taxpayers (through Medicaid) now have to foot the bill for the care our client needs rather than the insurance companies that continue to rake in record profits in the State of Michigan.

Nearly 300,000 rollover accidents are reported yearly, resulting in more than 10,000 deaths in the United States, according to the National Highway Traffic Safety Administration. Understanding why rollovers may be more likely in some situations and how you can decrease the risk may help you keep your family and loved ones safe. If you have suffered personal injuries in such an accident, your Detroit personal injury lawyer can fight on your behalf.

Detroit Personal Injury Lawyer – Understanding Why Rollovers Occur

Rollovers are directly correlated with the stability of the vehicle you are riding in. Whether the center of gravity is off because the vehicle is too high, the load heavier than normal or if weather conditions decrease the safety of the roads, rollovers can happen in the blink of an eye. Most rollover accidents occur when a vehicle swerves into a curb, pothole or other type of shoulder obstacle.