Rakowski v. Sarb

Saad, EJ.

I. NATURE OF THE CASE

Flaintiffs’ personal injury claim against defendant raises an issue of first impression under Michigan law: Whether a municipal building inspector owes a duty of care under common-law negligence to protect a homeowner’s invitee from personal injury sustained by the invitee because of an allegedly defective structure inspected and approved by the building inspector. Neither state statute nor the building code adopted by the city imposes such a duty on a building inspector. Further, our application of the factors historically used to determine whether a common-law…