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MI Law exsist???


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#1 Bravens

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Posted 20 November 2012 - 04:06 PM

I was served and am a Defendant now in a lawsuit. Slip & Fall. I've bee told that MI has a law reguards to when there is a snow storm, there is an allowable time to clear the snow from place of business after the snow stops is this true?? Also was told that MI has a law about if you fall coming out of a business you can't sue cause you knew conditions when you went in?

#2 BOR_BOR

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Posted 20 November 2012 - 09:04 PM

I doubt it is a statutory law, maybe common law, that is, a Judicial Opinion.

In my state, Ohio, a business is immune from liability if a business invitee (customer) is hurt in a fall due to the "Natural accumulation of ice and snow", Brinkman v. Ross.

If you are a business, inform your business insurance agent of the suit.

I keyed in some select words/phrases about the above and got this from a case;



http://caselaw.findl...ls/1112789.html

There is no dispute that Mrs. Anderson was an invitee.   A possessor of land has a duty to exercise reasonable care for the protection of an invitee.  Schuster v. Sallay, 181 Mich.App. 558, 565, 450 N.W.2d 81 (1989);  SJI2d 19.03.   Further, it is the duty of a possessor of land to take reasonable measures within a reasonable period after an accumulation of snow and ice to diminish the hazard of injury to an invitee.   Quinlivan v. Great Atlantic & Pacific Tea Co., Inc., 395 Mich. 244, 261, 235 N.W.2d 732 (1975);  SJI2d 19.05.   However, the possessor of land is not an absolute insurer of the safety of an invitee.  Williams v. Cunningham Drug Stores, Inc., 429 Mich. 495, 500, 418 N.W.2d 381 (1988).   Further, the existence of a legal duty is a question of law for the court to decide.   Trager v. Thor, 445 Mich. 95, 516 N.W.2d 69 (1994).

#3 BOR_BOR

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Posted 20 November 2012 - 09:19 PM

Also was told that MI has a law about if you fall coming out of a business you can't sue cause you knew conditions when you went in?


That legal doctrine is known as "Assumption of Risk". IOW, just as you say, one knows of the potential hazard of walking on ice and snow, so if they choose to do so, they do so at thier own risk. The application of that will take an attorney to dechipher, in conjunction with my above post case law to see how they mesh.

#4 pg1067

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Posted 21 November 2012 - 07:24 AM

I've bee told that MI has a law reguards to when there is a snow storm, there is an allowable time to clear the snow from place of business after the snow stops is this true?


Told by whom? I doubt MI (or any other state) has a specific law that prescribes a specific time for this. It is certainly true that the owner or possessor of a piece of real property will not be expected to clear snow instantly upon the cessation of snowfall. How much time is reasonable depends on the specific facts and circumstances.


Also was told that MI has a law about if you fall coming out of a business you can't sue cause you knew conditions when you went in?


Again, told by whom? If your intent was to ask whether this is true, it is not. While I agree with the prior poster that this question hints at the doctrine of assumption of the risk, you have phrased this statement in a manner that is much too broad.

If you've been sued because someone slipped and fell on property that you own or possess, I suggest you tender the claim ASAP to your insurer so that the insurer can hire a lawyer to defend you.

#5 Guest_FindLaw_Amir_*

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Posted 21 November 2012 - 09:08 AM

To learn more about this subject matter you may wish to visit the Accidents and Injures Center and read Slip and Fall Injuries as a good resource.




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