M Civ JI 19.09 Duty of Possessor of Land, Premises, or Place of Business to Persons Traveling along Adjacent Street or Way

A possessor of [ land / premises / a place of business ] has a duty to exercise ordinary care in maintaining [ his / her ] premises in a reasonably safe condition in order to prevent injury to persons traveling along an adjacent [ street / or / sidewalk / or other / public way ].

Comment

See Parsons v E I Du Pont De Nemours Powder Co, 198 Mich 409; 164 NW 413 (1917); Grimes v King, 311 Mich 399; 18 NW2d 870 (1945).

Generally, the law imposes no duty on a possessor of land to maintain or improve the condition of an adjacent street, sidewalk, or other public way. Mendyk v Michigan Employment Security Commission, 94 Mich App 425; 288 NW2d 643 (1979). This instruction pertains only to the duty of the possessor to maintain his or her own land so as not to injure users of the abutting street, sidewalk, or public way.

History

M Civ JI 19.09 was added January 1982.