MI: Supreme Court Clarifies the Role of Open & Obvious in Premises Liability Cases

The Supreme Court of Michigan recently held that in premises liability cases whether a condition is open and obvious is relevant to breach and comparative fault, not duty.  Kandil-Elsayed v. F&E Oil, Inc., ___ N.W.2d ___, ___, 2023 WL 4845611, at *4, 2023 Mich. LEXIS 1148, at **3-4 (Mich. 2023) (“[T]he open and obvious nature of a condition is relevant to breach and the parties’ comparative fault.”; “[W]hen a land possessor should anticipate the harm that results from an open and obvious condition, despite its obviousness, the possessor is not relieved of the duty of reasonable care.”).