Wet Floor Warnings in Premises Liability Cases After Elimination of Open and Obvious

In July of 2023, the Michigan Supreme Court decided the combined cases of Kandil-Elsayed v F&E Oil, Inc. and Pinsky v Kroger Co. In these rulings, the court announced that whether a condition is open and obvious will be a component of the analysis for comparative negligence and breach, rather than in the analysis of whether the defendant owes a duty….
By: Kerr Russell