In Haggart v Hills of Regency I Condo. Assn., an unpublished Michigan Court of appeals opinion, the Plaintiff slipped and fell on the driveway of a condominium unit in winter. She sued the association for injuries sustained. The trial court granted the association and its managing agent summary disposition, and the Court of Appeals affirmed.
A landowner, such as a condominium association, has a duty to use reasonable care to protect invitees from unreasonable risk of harm by dangerous conditions on his land, but the owner has no duty to warn of conditions which are open and obvious. Whether a condition is open and obvious is an objective standard. However, a landowner may still face liability if the hazard is unreasonably dangerous, or effectively unavoidable.
In this case, the possibility of ice or snow on the driveway was open and obvious by objective standards and was not unavoidable.