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 exceptions as part of a land possessor’s duty. It held that invitees are owed a duty of reasonable care, while a condition’s open-and-obvious nature, the possessor’s anticipation of harm, and the plaintiff’s comparative fault are addressed in breach and fault analyses. The Court reversed summary disposition in both cases because genuine factual disputes remained regarding breach and comparative fault.