Hoffner v. Lanctoe (Opinion)
Annotate this Case"Michigan, being above the 42nd parallel of north latitude, is prone to winter. . . . This case tests the extent of a premises owner's liability for [a] winter-related accident." In this case, plaintiff recognized the danger posed by ice on a sidewalk, yet chose to "confront the hazard" by walking across the ice to enter the premises. Plaintiff claimed that the premises' owners should be liable for her injuries, while the premises' owners argued that they are not liable because plaintiff's accident occurred as the result of an ordinary, open and obvious condition. "In many regards, this case is unremarkable both in its simplicity and its frequent occurrence in Michigan. Yet there has been some confusion surrounding the application of the open and obvious doctrine to wintry conditions." Upon review, the Supreme Court rejected plaintiff's argument that the hazard in this case was effectively unavoidable because plaintiff had a business interest in entering the premises. The Court reversed in part the judgment of the Court of Appeals and remanded the case to enter judgment in favor of the premises' owners.
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