Bertrand v. Alan Ford, Inc.

I concur with the result in Maurer v Oakland Co. However, in Bertrand v Alan Ford, I do not agree that there was a genuine issue of material fact for the jury or that summary disposition was inappropriate. Cases finding that the risk of harm is unreasonable despite its obviousness or despite the invitee’s awareness of the condition are rare and typically involve hazardous natural conditions such as accumulations of snow and ice or excessive mud.* The risk to the invitee in such conditions has been held to be somehow more unavoidable than other conditions, thereby creat*626ing an exception to the…