Increasingly, Michigan courts are holding that "snow & ice happen" during Michigan's winters. As a result, they have held that such conditions are open and obvious to the point, where there is no liability for an accident caused by snow and ice.
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Should you rely on your personal injury lawyer to refer you to the doctors you need to present a winning case? Yes and no; no and yes. Let me explain.
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Michigan law still recognizes that young children may not understand, as an adult would, the hazard involved in certain property conditions.
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Most times, people only learn of the cause of their accident, after the accident has occurred. Clearly, if you knew about the hazard before the accident, you would have been able to avoid it. This is true, even with latent, hidden hazards.
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In the context of premises liability law, “notice” refers to whether the owner/possessor knew about the hazard that caused your accident, before the accident occurred. If the owner had this “notice” knowledge, then he/she can be held liable for your injuries. When the owner actually has knowledge of the hazard, this is called “actual notice”.
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Do I Have a Case? Do I Need a Lawyer? What Should I Do?
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The ability to collect for a premises injury depends on whether you are an invitee, a licensee, or a trespasser.
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Under traditional rules, there would be no duty owed, and therefore no liability for injuries caused by open & obvious hazards. Under traditional rules, an open and obvious hazard is one “readily observable upon casual inspection”... Continue reading.
Accidents occurring on others’ premises (including “slip and fall” matters), are often called “premises liability matters”.
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Is a store owner liable if you are assaulted at the store, by a fellow patron? What if a store patron gets shot during a robbery?.. Continue reading.
Eliminate Premises Slip & Fall Liability Uncertainty and Frustration