M Civ JI 19.03 Duty of Possessor of Land, Premises, or Place of Business to Invitee

(a) A possessor of land has a duty to exercise reasonable care to protect an invitee from an unreasonable risk of harm caused by a dangerous condition of the land that was known to the possessor or that should have been known to the possessor in the exercise of ordinary care.

*(In determining whether the possessor should know of the condition, you should consider the character of the condition and whether the condition existed for a sufficient length of time that a possessor exercising ordinary care would discover the condition.)

Notes on Use

*This paragraph should be used only if there is an issue of constructive notice or inspection. This paragraph should not be used where the possessor has created the condition. Berryman v Kmart Corp, 193 Mich App 88, 93 (1992).

Comments

See Kandil-Elsayed v F & E Oil, Inc, 512 Mich 95 (2023).

On the subject of constructive notice, see Clark v Kmart Corp, 465 Mich 416, 419 (2001) and Banks v Exxon Mobil Corporation, 477 Mich 983, 983-984 (2007); on the subject of inspection, James v Alberts, 464 Mich 12, 19-20 (2001).

On the subject of liability to invitees injured by the criminal acts of third parties, see MacDonald v PKT, Inc, 464 Mich 322 (2001).

History

M Civ JI 19.03 was added January 1982. Amended January 1994, June 2003, March 2005, December 2005, January 2024.