M Civ JI 19.10 Nondelegable Duty of Possessor or Occupier of Land, Premises, or Place of Business

A possessor or occupier of [ land / premises / a place of business ] who owes a duty to [ name of plaintiff ] may not delegate that responsibility to another and thus avoid liability.

Note on Use

This instruction should be given if an issue is raised at the trial that the occupier or possessor of property has attempted to delegate the duty regarding the premises by either a lease arrangement, a contract, or the employment of an independent contractor.

Comment

See McCord v United States Gypsum Co, 5 Mich App 126; 145 NW2d 841 (1966), lv den, 379 Mich 759 (1967), citing with approval Prosser, Handbook of the Law of Torts (2d ed), § 61, p 404, and Bradley v Burdick Hotel Co, 306 Mich 600; 11 NW2d 257 (1943). See also Quinlivan v Great Atlantic & Pacific Tea Co, 395 Mich 244; 235 NW2d 732 (1975); Misiulis v Milbrand Maintenance Corp, 52 Mich App 494; 218 NW2d 68 (1974).

History

M Civ JI 19.10 was added January 1982.