For decades, Michigan's open-and-obvious doctrine made it nearly impossible to recover for many slip-and-fall injuries — if a hazard like ice or a wet floor was visible, the property owner was off the hook. That changed in 2023 when the Michigan Supreme Court overruled the doctrine in Kandil-Elsayed v. F & E Oil.
The new rule
Now, even if a hazard was open and obvious, a property owner may still be liable if the hazard was unreasonably dangerous. The open-and-obvious nature of a hazard becomes a factor in comparative fault — not an automatic defense.
What property owners owe you
- Invitees (customers, business visitors): owners must inspect for and warn of dangerous conditions.
- Licensees (social guests): owners must warn of known dangers.
- Trespassers: limited duty, except not to willfully harm them.
If you have been injured on someone else's property — at a store, parking lot, restaurant, or rental — document everything: take photos, get witness contacts, and seek medical care. Then call a Michigan personal injury attorney to evaluate the property owner's liability under the current rules.