MI Bar Practice Questions - Michigan Bar Examination Exam

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In a Michigan negligence suit involving a slip-and-fall, the plaintiff argues that an 'open and obvious' hazard should not bar her claim. Following the Michigan Supreme Court's 2023 decision in Kandil-Elsayed v. F & E Oil, the open-and-obvious nature of a danger is now properly treated as:

A factor relevant to breach and comparative fault, rather than an automatic no-duty bar An absolute bar to duty in every premises case Irrelevant to any premises-liability analysis A complete defense available only to commercial landowners

Correct Answer:

A factor relevant to breach and comparative fault, rather than an automatic no-duty bar

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