Macomb County Attorney Explains Open and Obvious

Hi, I’m Jim McKenna, I’m an attorney with Thomas, Garvey and Garvey. I’m a plaintiff’s personal injury attorney, and we represent people who have been injured as a result of serious injuries here in Macomb County, St. Clair Shores, Warren– various areas throughout the Macomb County. What I’m here to talk to you about today is open and obvious; is a judicial doctrine used by landowners, business owners, to avoid paying compensation when they cause you an injury. For example, if you’ve been to an attorney and they said you were injured from a slip and fall but open and obvious as a doctrine will preclude your claim from being compensated. Please give us a call. Not every attorney is up on all of the ins and outs of open and obvious. There are ways to avoid the application in Michigan of the open and obvious doctrine as it applies to slip and falls and premises liability claims. Some of the examples that we have used is when there’s actual negligence on the part of the company that leads to the condition that causes the injury. Additionally there are things such as whether you fell coming in or going out of the store, whether or not it was a hazard that could be seen or if it was a hidden hazard. All of these things need to be taken into consideration and when you have a serious and significant injury you should have somebody like us that understands the ins and outs of this doctrine, review your claim for you.