In the ever-changing landscape of property ownership in Michigan, property owners must stay informed and protected. With the recent overturn of the Open and Obvious Doctrine, a new level of responsibility has been placed on property owners.
As a result of this law being overturned, the potential for lawsuits and claims against property owners has increased significantly. In the wake of these changes, one type of insurance has emerged as a must-have for Michigan property owners – umbrella insurance. Umbrella insurance provides an extra layer of additional liability coverage above and beyond what is afforded the underlying insurance policies. It acts as a safety net, protecting you from the financial burden of unexpected accidents or incidents on your property.
Understanding the Open and Obvious Doctrine Overturn in Michigan
In Michigan, the Open and Obvious Doctrine had long been a legal principle that protected property owners from liability for accidents or injuries that occurred on their property. Under this doctrine, property owners were not held responsible for hazards that were deemed open and obvious to a reasonable person. However, in a recent court decision, the Open and Obvious Doctrine was overturned, placing a greater burden of responsibility on property owners.
This overturn means that property owners can now be held liable for accidents or injuries that occur on their property, even if the hazard was open and obvious. This change has significant implications for property owners in Michigan, as it increases the potential for lawsuits and claims. Property owners must now take extra precautions to ensure the safety of their premises and protect themselves from the financial consequences of accidents or injuries.
Contributory Negligence vs. Comparative Negligence
It is worth noting that Michigan’s transition from the Open and Obvious Doctrine for Slip and Falls to a comparative negligence system is a significant shift in legal principles. The Open and Obvious Doctrine was a form of contributory negligence, which meant that if a hazard on the property was open and obvious, the property owner was not held responsible in most cases. To put it in simple terms, it was hard to recover anything if the injured party was even slightly at fault for its injuries.
Comparative negligence, on the other hand, takes into account the actions or negligence of both parties involved in an accident or injury. It recognizes that both the property owner and the injured party may share some degree of fault and assigns a percentage of fault accordingly. The injured party can still recover damages if they are deemed less than 50% responsible for the slip and fall matter.
According to the Michigan Supreme Court in Kendil-Elsayed v F & E Oil, Inc., the injured party must establish that the property owner owed a duty, and that duty was breached. The Court explained “As part of the breach inquiry, the fact-finder may consider, among other things, whether the condition was open and obvious and whether, despite its open and obvious nature, the land possessor should have anticipated harm to the invitee. ”
Protecting your property by increasing the property umbrella insurance in Michigan
The recent overturn of the Open and Obvious Doctrine in Michigan has increased the potential for lawsuits and claims against property owners. Property owners are now held to a higher level of responsibility for accidents or injuries that occur on their premises. To mitigate the financial risks associated with these changes, property owners in Michigan should seriously consider significantly increasing their policy limits and obtaining umbrella insurance.
By adding an extra layer of liability coverage with umbrella insurance, you can protect your assets from being used to satisfy a judgment in the event of a lawsuit or claim. Umbrella insurance provides peace of mind and ensures that you are adequately protected against the potential financial consequences of accidents or injuries on your property. Don’t wait until it’s too late – invest in umbrella insurance.
