Skip to main content
A Better Partnership
October 31, 2017

MSC to consider whether its "lights out" on the open and obvious doctrine

The Michigan Supreme Court granted mini-oral argument in Blackwell v Franchi, No. 328929 to consider whether a homeowner owes a duty to warn a guest of a step in a dark room.  While attending a dinner party at the Franchis' home, Susan Blackwell went to put her purse in a darkened mud room and fell off an eight inch step upon entry.  Before entering the room, Blackwell did not turn on the light.  Blackwell filed suit against the Franchis, and the Franchis moved for summary disposition, alleging the step was open and obvious and that the light switch outside the mud room would have illuminated the hazard.  The trial court granted the Franchis' motion, but the Court of Appeals reversed, holding that the open and obvious doctrine defense does not require guests to turn the lights on and improve visibility of an impending hazard. 
To view our previous post on the Court of Appeals’ decision, click here.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.



+ -