Metro Detroit Slip And Fall Accident Attorney
Last week, Governor Snyder signed HB 4686, a bill that allows municipalities to use the "open and obvious" defense to claims alleging dangerous, defective, and unrepaired sidewalks (tweet this). This law, which will go into effect immediately, will make cities effectively immune and removes any incentive to maintain city sidewalks.
Claims alleging defective city sidewalks already faced strict notice requirements, but now must also contend with the open and obvious doctrine, which says that a premises owner is not liable for damages caused by a defective condition on the property if an average user with ordinary intelligence would have been able to discover the danger upon a casual inspection. While this may seam reasonable, application of the law is often times not. Prior to last week, the open and obvious defense was only available to private land owners.
To read our prior blog post on the open and obvious doctrine, click here.