Michigan law changed significantly in 2023. The old rule that barred claims if a hazard was “open and obvious” no longer operates as an automatic defense.

What the new standard means:

• Property owners must take reasonable steps to keep their premises safe regardless of whether a danger might appear visible.
• “Open and obvious” is now only one factor a jury may consider when deciding comparative fault—not a complete bar to recovery.
• Each case is fact-specific: weather conditions, lighting, prior complaints, landlord or business conduct, and hazard duration all matter.

This is an important shift that now allows many injured people—previously denied justice—to have their cases heard. LSM evaluates these cases closely and often finds liability where clients were initially told they had no claim.

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