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Open and Obvious (1 viewing) (1) Guest
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TOPIC: Open and Obvious
#176
Sumo (User)
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Open and Obvious 11 Years, 7 Months ago Karma: 5  
Anyone out there familiar with Michigan's open and obvious doctrine. I have a client that slipped and fell into a pot hole in a commercial parking lot. The defense is asserting the open and obvious doctrine. Do I have any recourse? Ameritech v. Lugo is cited throughout their defense, any thoughts that may help?<br><br>Post edited by: bigdaddy, at: 2007/03/23 21:50
 
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top_barrister (User)
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Re:Open and Obvious 11 Years, 1 Month ago Karma: 0  
There is actually an exception to this doctrine...Although there is no duty to protect or warn a person from an &quot;open and obvious&quot; condition on property, but if the risk presented by the condition remains unreasonable in spite of its obvious nature, then you still have a case.
 
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#428
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Re:Open and Obvious 11 Years, 1 Month ago Karma: 5  
Do you have a cite for me, something I can latch onto about exactly what unreasonable means? I need to &quot;beef-up&quot; this lower court record.
 
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