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Implications of Michigan Supreme Court Overruling Open and Obvious

By August 8, 2023April 16th, 2026Business Insurance, Risk Solutions

The recent Michigan premises liability ruling by the Michigan Supreme Court eliminates the open and obvious defense in premises liability cases. This decision has major implications for property owners, removing a common defense against liability. As a result, more cases may be filed, and litigation expenses could rise.

How to Address the Michigan Premises Liability Ruling

To prevent financial losses and reduce liability risks, property owners must take proactive steps:

  • Conduct Regular Inspections: Regularly inspect all areas of your property, both indoors and outdoors, to identify and address hazards.
  • Proactively Identify Hazards: Perform frequent assessments to spot potential risks and resolve them before they cause harm.
  • Maintain Adequate Insurance Coverage: Ensure your insurance policy protects against liabilities from accidents on your property.

Why This Ruling Matters

This ruling underscores the importance of risk prevention and highlights the need for property owners to prioritize safety. By implementing effective safety measures, you can mitigate potential hazards and protect your business from financial losses.

For more information, stay tuned for our September newsletter, where we’ll dive deeper into this topic. As always, you can contact our team at Kapnick at 888.263.4656 or  for tailored risk solutions.