M Civ JI 19.05 Duty of Possessor of Land, Premises, or Place of Business to a Business Invitee Regarding the Natural Accumulation of Ice and Snow

A possessor owes an invitee the duty to use reasonable care to protect against hazards arising from a natural accumulation of ice and snow on the property. The duty requires the possessor to take reasonable measures within a reasonable time after an accumulation of ice and snow to diminish the hazard of the injury to the invitee.

Comments

This instruction was deleted in 2004 because it was found to be inaccurate by the Michigan Supreme Court in Mann v Shusteric Enterprises, Inc, 470 Mich 320 (2004). The instruction was revised and added in 2024 in response to the Supreme Court’s opinion in Kandil-Elsayed v F & E Oil, Inc, 512 Mich 95, 149-150 (2023) (citing Quinlivan v Great Atlantic & Pacific Tea Co, Inc, 395 Mich 244, 248, 261 (1975)).

History

M Civ JI 1M Civ JI 19.05 was added January 1982, deleted September 2004, and added January 2024.