Michigan
How Doughty v. Turner Manufacturing applies in Michigan: state-specific rules, key cases, and bar exam notes for Other.
Michigan follows the 'open and obvious' danger doctrine, which limits liability for property owners if dangers are apparent. However, Michigan also recognizes exceptions to this rule based on the specific circumstances of each case.
In Michigan, the duty of care owed by property owners is reduced for dangers that are open and obvious, but they may still be liable if they should have foreseen the harm that could result from the condition.
The court held that a contractor was not liable for injuries sustained at a construction site where dangers were open and obvious.
The court ruled that a municipality could be liable if it knew of a defect and failed to act, regardless of its open and obvious nature.
The court reaffirmed that liability could exist for inherently dangerous conditions, even if they were visible.
Michigan's approach aligns with the federal standard concerning premises liability in that both recognize open and obvious dangers. However, Michigan places a greater emphasis on the foreseeability of harm and potential exceptions than general federal precedent.
Understanding the nuances of premises liability and the open and obvious doctrine is crucial for the Michigan bar exam, particularly in torts.