Bertrand v. Alan Ford, Inc

In Bertrand v. Alan Ford, Inc, 449 Mich 606, 614; 537 NW2d 185 (1995), the Supreme Court of Michigan held that an invitor's failure to warn cannot ordinarily establish liability when an invitee falls on steps, since the danger of tripping and falling on a step is generally open and obvious. However, where special aspects of particular stairs make the risk of harm unreasonable, failure to remedy the dangerous condition may constitute a breach of the duty to keep the premises reasonably safe. Id. Thus, where there is something unusual about a set of steps, because of their character, location, or surroundings, the possessor of land has a duty to exercise reasonable care to make the steps safe. Bertrand, supra at 617. The Supreme Court of Michigan explained that the obviousness of a condition, or knowledge of it by an invitee, will not always relieve a possessor of land of the duty of reasonable care. The Court stated that, "if the risk of harm remains unreasonable, despite its obviousness or despite knowledge of it by the invitee, then the circumstances may be such that the invitor is required to undertake reasonable precautions." Id. at 611.