In a landmark decision, the Michigan Supreme Court premises liability ruling has overruled decades of case law regarding the open and obvious defense in slip and fall litigation. This decision has significant implications for property owners, eliminating a commonly used defense strategy. Business leaders must understand the impact of this ruling and take proactive steps to address the increased risks.
Kapnick can help.
The Impact of the Michigan Supreme Court Premises Liability Ruling
The recent ruling means that conditions previously considered “open or obvious” can no longer be used as a legal defense in premises liability cases. For example, a landlord could previously argue that a tenant should have noticed an unmarked tree root and avoided it. Now, such incidents cannot be dismissed under the open and obvious defense.
This change will likely lead to more slip and fall cases, increasing litigation expenses for property owners. The burden of proof now shifts to property owners to demonstrate reasonable care and maintain a safe environment.
What Property Owners Should Do Next
To address the challenges posed by this ruling, property owners should implement a comprehensive risk management plan. Key steps include:
- Regular Inspections and Maintenance: Conduct thorough checks to identify and address hazards promptly.
- Proactive Hazard Identification: Assess risks regularly and take corrective action to prevent accidents.
- Adequate Insurance Coverage: Ensure your liability insurance is sufficient to cover potential claims.
How Kapnick Can Help
At Kapnick, we offer tailored risk management solutions to help you navigate these challenges. Our services include mock-OSHA inspections, access to our Risk Services Center, and benchmarking liability insurance coverage. With our expertise and resources, we can help you create a safety culture, train employees, and ensure your insurance coverage meets your needs.
Being proactive is key to protecting your business and ensuring a safe environment. Contact our experts at 888.263.4656 or to learn more about strategies and tools to mitigate risks.
