Michigan's Changed Premises Liability Laws Pose Real Threat to Business and Property Owners

Premises liability refers to an area of the law that can hold property owners or occupiers responsible for personal injury claims brought against them that occur on their property due to dangerous conditions.
Last summer, in the consolidated cases of Kandil-Elsayed v. F & E Oil Inc., and Pinsky v. Kroger Co. of Mich, the Michigan Supreme Court issued a ruling that substantially changes decades of law regarding premises liability cases involving “open and obvious" dangers. Premises liability cases that previously would have faced dismissal before trial will now require jury trials to decide key issues.
What do these recent changes mean for business and property owners and how can they mitigate the chances of facing a lawsuit in the future?
The following video features moderator Paul Millenbach with litigator Dora Brantley as they discuss:
- What are the elements of a Premises Liability claim?
- What are an owner's responsibilities under these recent changes?
- Examples of Premises Liability claims that can be brought against a property owner.
- At a minimum, what should property owners and possessors begin to assess as to the current condition of their properties?