Michigan Personal Injury Compensation Claim
Michigan’s “Open and Obvious” statute was brought into
being during the 1990’s as a way for the Michigan courts to reform their
outrageously out of control tort system. Many, however, argue that in recent times the pendulum has swung too far in the opposite direction, with many reasonable personal injury lawsuits being thrown out of court due to their “open and obvious” nature. How can you decide whether a given tort case will fall under the Michigan open and obvious statute? Here’s a brief guide:
Step1: Determine whether your case is a personal injury tort case. These are
the cases, in Michigan courts, that almost always involve the open and obvious statute. If the case is a personal injury lawsuit, particularly a slip and fall, then the open and obvious issue is certain to be raised.
Step 2: Determine whether the injured person’s injuries
were a result of a liability-creating situation or circumstance. For example, a person who trips over a bunched-up rug in a department store has a case that will meet scrutiny under the open and obvious statute because their injury was caused by a liability-creating circumstance, namely the bunched-up carpet. If that same person were pushed by an employee of the store and fell down and was injured, then the case would not meet the open and obvious statute requirements because the actions of the employee were what led to the injury and there is no question of the injured person’s ability to evade that injury.
Step 3: Figure out whether or not the liability-creating circumstance or situation could be considered “open and obvious.” In Michigan’s contemporary court atmosphere, almost any such situation falls under scrutiny regarding its open and obvious nature. If a reasonable, everyday person would be able to perceive the danger and avoid it, then the danger is considered open and obvious and doesn’t present the defendant with tort liability.
You should also contact Michigan Personal Injury Law Firms for free consultation.
Source: http://www.ehow.com