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Supreme Court Ruling Further Limits “Special Aspects” Exception

Supreme Court Columns

A recent decision by the Michigan Supreme Court may have a negative impact on the ability of Michigan’s citizens to recover for injuries sustained in slip and fall accidents. In the case of Hoffner v Lanctoe, the Michigan Supreme Court held that ice leading up to the only entrance of a fitness center was avoidable because the plaintiff was not “absolutely compelled” to confront it, and therefore Michigan’s open and obvious doctrine prevented the plaintiff from recovering for her injuries. The Hoffner decision could have a significant impact on the rights of individuals in Michigan and may mean increased danger to...

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