Ahlam Kandil-Elsayed v. F & E Oil Inc

Summary

The Michigan Supreme Court overruled the rule that treated the open-and-obvious doctrine and its special-aspects exceptions as part of a land possessor’s duty. It held that an invitee is owed a duty of reasonable care, while the condition’s openness and obviousness, the possessor’s anticipation of harm, and the invitee’s comparative fault are generally matters relevant to breach and allocation of fault. Because genuine factual disputes remained in both cases regarding breach and comparative fault, the Court reversed and remanded.