Renee Pinsky v. Kroger Co of Michigan

Summary

The Michigan Supreme Court overruled the framework that treated the open-and-obvious doctrine and its 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 open-and-obvious character, the possessor's anticipation of harm, and the invitee's comparative fault are analyzed in breach and damages inquiries. Because factual disputes remained regarding breach and comparative fault in both matters, the Court reversed the Court of Appeals and remanded.