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Case Citations [1] (April 2022 - August 2022)

handle is hein.ali/relwtrts0338 and id is 1 raw text is: THE AMERICAN
LAW INSTITUTE
TORTS
DIVISION TWO. NEGLIGENCE
CHAPTER 13. LIABILITY FOR CONDITION AND USE OF LAND
TOPIC 1. LIABILITY OF POSSESSORS OF LAND TO PERSONS THEREON
TITLE E. SPECIAL LIABILITY OF POSSESSORS OF LAND TO BUSINESS VISITORS
§ 343. Dangerous Conditions Known to or Discoverable by Possessor
Mich.2021. Cit. in sup., cit. in ftn., cit. in conc. op., cit. and quot. in diss. op., cit. in case quot. in diss.
op.; subsec. (b) quot. in diss. op. Employee filed a premises-liability suit against employer after she
slipped and fell on snow and ice in employer's parking lot and was injured. The trial court denied
employer's motion for summary judgment, and the court of appeals affirmed. Affirming, this court held
that there was a genuine issue of material fact as to whether the hazard was effectively unavoidable,
such that employer was potentially liable under an exception to the general rule of nonliability for open
and obvious dangers. The concurring and dissenting opinions both observed that the exception modified
the bright-line rule originally created under Restatement of Torts § 343, which absolved a land possessor
of any liability where an entrant on the land recognized the risk. Estate of Livings v. Sage's Investment
Group, LLC, 968 N.W.2d 397, 405, 406, 409, 410, 422, 423.
DIVISION THREE. ABSOLUTE LIABILITY
CHAPTER 21. ULTRAHAZARDOUS ACTIVITIES OTHER THAN THE KEEPING OF WILD
ANIMALS OR ABNORMALLY DANGEROUS DOMESTIC ANIMALS
Conn.2021. Cit. in ftn. §§ 519-524, which constitutes all of Ch. 21. Employees of subcontractor and
families brought, among other things, a claim for strict liability against natural-gas power plant owner
and administrative agent, alleging that a gas-blow procedure used by defendants' contractor to clear
debris from a natural-gas pipe caused an explosion that harmed employees. The trial court granted
defendants' motion for summary judgment. This court affirmed, holding that plaintiffs' strict-liability
claim failed as a matter of law, because defendants' gas-blow procedure was not abnormally dangerous.
The court noted that case law sometimes referred to ultrahazardous activity in the context of strict-
liability claims, and, under Restatement of Torts §§ 519-524, the term was used to refer to what would
later be called abnormally dangerous activities. Gonzalez v. O & G Industries, Inc., 267 A.3d 766, 775.
COPYRIGHT C2022 By THE AMERICAN LAW INSTITUTE
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Printed in the United States of America
For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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