In a groundbreaking decision, the Michigan Supreme Court has overturned the long-standing “open and obvious” defense that insurance companies relied upon in property claims, providing new hope for the injured to seek compensation for their losses. Attorney Jason Barrix, who has been representing those charged with drunk driving offenses for over thirty years, shared his insights on the implications of this landmark ruling.
The Court’s decision came in two significant cases, Kandil-Elsayed v F & E Oil, Inc. and Pinsky v Kroger Co of Mich, where plaintiffs filed negligence actions based on premises liability. Both cases involved injuries resulting from dangerous conditions on the land.
Attorney Jason Barrix, from the Michigan DUI Center at Barrix Law Firm, emphasizes that this ruling is a game-changer for those seeking justice after sustaining injuries due to hazardous conditions on the property. “This just makes sense,” says Barrix, “something the open and obvious defense never did.”
Until now, the “open and obvious” defense had been a complete bar to recovery in negligence actions, often used by defendants to escape liability for injuries caused by conditions that were easily detectable. However, the Court’s ruling shifts the focus from the duty of care owed to invitees to the element of breach and comparative fault.
According to Chief Justice Elizabeth T. Clement, writing for the majority, land possessors still owe a duty to exercise reasonable care to protect invitees from dangerous conditions on the land. The open and obvious nature of a condition will now be analyzed as part of the breach inquiry and the plaintiff’s comparative fault, not as part of the duty analysis.
Attorney Jason Barrix explains that this change aligns Michigan’s premises-liability law with the Second Restatement of Torts, providing a more equitable framework for premises-liability cases. He further adds, “This ruling overturns the open and obvious defense that insurance companies have long relied upon. It levels the playing field for plaintiffs seeking compensation for their injuries.”
The ruling has significant implications for insurance companies, as it removes a crucial defense they relied upon to deny claims and limit liability. Attorney Jason Barrix notes, “With the open and obvious defense now overturned, insurance companies may face increased exposure to claims from injured individuals.”
In conclusion, the Michigan Supreme Court’s recent ruling overturning the open and obvious defense brings new hope for the injured in property claims. Attorney Jason Barrix’s insights underscore the importance of this landmark decision for those seeking just compensation for their losses.
For over thirty years, Jason Barrix has been fighting for the rights of the injured and providing exceptional legal representation. To learn more about Attorney Jason Barrix and the legal services his firm offers, visit barrixlaw.com or email him jason@barrixlaw.com.
Note: Attorney Jason Barrix is not directly involved in the cases mentioned in this news report but has provided expert insights on the implications of the Court’s ruling.
