Unexpected Danger – a Rare Exception To the Open and Obvious Defense

As many Michigan residents are by now aware, Michigan courts have been quite stingy allowing slip and fall cases to proceed to the jury when the property owner can claim that the danger was “open and obvious.” In Michigan, a danger is open and obvious if an average user with ordinary intelligence would be able …

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When a Fully Paid Mortgage is Still on Your House Title

This is an all-too frequent occurrence. You took out a home equity loan years ago and paid it off. You are now selling your house but the mortgage company never removed the mortgage lien. The loans had been transferred by the mortgagee to another lender, or the records just don’t go back that far. What …

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Buying a House?

There is much to consider when you are buying a house or condominium. It is usually one of the most important transactions of your life, one you will have to live with for several years or more. Even when you have hired the assistance of a realtor, attorneys have an important role to fulfill. We …

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Defining an Independent Contractor

The case discussed in a previous post, Naseef v Wallside, Inc., addresses the issue of how the law distinguishes an independent contractor from an employee. The context n Naseef is pretty typical: is the subcontractor on a construction job an independent contractor? The Court affirms that Michigan law follows the “control test” in making that …

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