Long Term Disability Insurance Lawyer Blog
Think a store owner has any responsibility to maintain their premises?
To fix a pothole?
To shovel the snow? To spread salt on the ice?
Not in Michigan. Not anymore.
Justice Taylor decides store owners do not have to keep their premises safe for their customers. In Lugo v Ameritech, 464 Mich 512 (2001) Justice Taylor overuled more than 25 years of caselaw and adopted the “open and obvious” doctrine in all slip and fall cases in Michigan. Basically, the court has determined in advance that you should see and avoid anything that could cause you to slip or trip and fall. And if you don’t, too bad, it’s your own fault.
The court also declared that no typical person could ever be seriously injured from any slip and fall. Ever since this case of clear judicial activism the courts have thrown out hundreds of slip and fall cases.
In fact a blind man’s case was thrown out because he should have seen the water on the floor!!!! In the case of Sidorowicz v Chicken Shack the court threw Mr. Sidorowicz, who was blind, out of court because the law now requires him to avoid the water on the floor which was “open and obvious” to a sighted person.
If you think this kind of judicial activism is wrong, vote to restore fairness by voting for Judge Hathaway for the Michigan Supreme Court on the nonpartisan section of the ballot this November. Remember, you have not cast a vote for the supreme court until you check the box next to Judge Hathaway’s name.