“Open and obvious” means a property owner may argue that a dangerous condition was so visible that a reasonable person should have avoided it. That defense is still used in Michigan—but it does not automatically defeat a claim.

Courts now look closely at factors such as:

• Whether the danger was effectively unavoidable
• Whether special aspects made the condition unreasonably dangerous
• Lighting, distractions, weather, crowding, or how the area was intended to be used

In other words, just because a hazard could be seen doesn’t mean the property owner is off the hook. These cases are highly fact-specific, and many valid claims are wrongly dismissed by insurers using “open and obvious” as a scare tactic.

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