There is a very significant MI Supreme Court Race election in November. As the law stands right now 90% of all slip and falls on another person's property, commercial, private or otherwise, are not compensable. There is simply no liability. The growing concept known as open and obvious, expands to every hazardous condition that can be seen upon causal inspection, including the presence of ice and snow.
If you slip and fall on ice and snow, regardless of the condition or your injury you will likely have no cause of action. There is no duty by the premises owner to clean up the ice and snow in order to make it safe for public travel. Clearly, this is ridiculous. What is even more ridiculous is that this law was not created by our legislature. It was been created by ultra conservative opinions issued by our Michigan Supreme Court Justices.
So, if you encounter snow and ice, even if the sidewalk is completely covered and you fall you will likely have no recourse for your pain and suffering and even payment of your medical bills.
In November 2010 Judge Connie Marie Kelley, Judge Shelia R. Johnson and Bridget McCormack will oppose Justice Brian K. Zahra, Justice Stephen J. Markman and one candidate to be named in August for election to the Michigan Supreme Court in 2012.
Justice's Markman and Zahra currently serve on the Michigan Supreme Court and are responsible for helping to create the ultra conservative current state of the law. If you think the law is too conservative, it may be time for a change, in order to balance the power of the Court.
If you think this election does not impact you, you are wrong.
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