Black Ice is Not an Open & Obvious Danger
In any slip and fall case the Defendants in today’s system of justice always argue that the condition was open & obvious to a person of ordinary intelligence with casual observation. If the condition is in fact open & obvious and does not meet any of a very limited number of exceptions, there is no duty, and if there is no duty, there is no possibility of recovery against the Defendant. In Slater v. Blarney Castle Oil Company, however, the court held that a condition of black ice by definition is not an open & obvious danger and therefore the Plaintiff can be allowed to recover under certain circumstances.
Robert L. Blamer is an equity partner in our Livonia office where he focuses his practice on plaintiff’s personal injury and litigation. He assists clients with many types of negligence actions, workers’ compensation claims, and social security disability claims. He has handled, resolved and taken to trial many cases with tremendous success not only in Michigan but throughout the country. His trial experience includes automobile negligence, complex professional negligence, products liability and complicated plane crash matters.