![]() ![]() Constantineau v DCI Food Equip, Inc, 195 Mich App 511, 491 NW2d 262 (1992). A plaintiff’s status may also change if they move from one area of the premises to another. Each of these terms has a special meaning in the law. Swartz v Huffmaster Alarms Sys, Inc, 145 Mich App 431, 377 NW2d 393 (1985). In other words, the plaintiff’s status as an invitee, a licensee, or a trespasser determines what level of care is owed. at 438 see also Rodis v Herman Kiefer Hosp, 142 Mich App 425, 370 NW2d 18 (1985).Īlthough the possessor has a duty to act with reasonable care, the measure of what is considered reasonable care varies based on the extent to which the relationship benefits the possessor. ![]() As with negligence cases generally, duty is a question for the court to decide. Premises liability cases are like other negligence cases in that the plaintiff must prove the following elements: (1) a duty owed to the plaintiff by the defendant, (2) a breach of that duty, (3) an injury proximately resulting from that breach, and (4) damages. ![]()
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