Hughes v. PMG Building, Inc

In Hughes v. PMG Building, Inc, 227 Mich App 1; 574 NW2d 691 (1997), the plaintiff was a roofer hired as an independent contractor. He was injured when a porch he was working on collapsed because of inadequate support. The Court found that the roof was not a common work area. Although the porch was constructed by another subcontractor, no other trade would be working on the roof, thus no one else would be subject to the same hazard. Id. at 6-7. The Court noted that a landowner "has a duty to exercise reasonable care to protect invitees from an unreasonable risk of harm caused by a dangerous condition that the owner knows or should know the invitees will not discover or protect themselves against." Hughes v. PMG Building, Inc, 227 Mich. App. 1, 9; 574 N.W.2d 691 (1997). The Court further observed: Even if a danger is open and obvious, a possessor of land may still have a duty to protect invitees against foreseeably dangerous conditions. . . . Even though there may not be an absolute obligation to provide a warning of open and obvious dangers, this rule does not relieve the invitor from his duty to exercise reasonable care to protect his invitees against known or discoverable dangerous conditions. . . . The rationale behind this rule is that liability for injuries incurred on defectively maintained premises should rest upon the party who is in control or possession of the premises, and, thus, is best able to prevent the injury. 227 Mich. App. at 10-11.