Renee Pinsky v. Kroger Co of Michigan

Summary

The Michigan Supreme Court overruled the prior framework that treated the open-and-obvious danger doctrine and its special-aspects exception as matters of duty. It held that invitees are owed a duty of reasonable care, while the condition's open-and-obvious nature, whether the possessor should have anticipated harm, and the plaintiff's comparative fault are matters relevant to breach and damages. Because factual disputes remained concerning breach and comparative fault in both cases, the Court reversed the Court of Appeals and remanded.