263 Mich. App. 324 - Bragan v. Symanzik’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Based on this long history of treating children differently under the law and entitling child trespassers and licensees to a heightened duty of care, we find the instant case legally distinguishable from the line of open and obvious cases involving adult invitees. Landowners owe the greatest duty of care to invitees as a class. Even the Restatement of Torts, upon which Michigan's open and obvious doctrine was originally based, recognizes that child invitees are entitled to greater protection because of their "inability to understand or appreciate the danger, or to protect [themselves] against it." It would, therefore, be illogical to find that child invitees are entitled to less protection than child licensees or trespassers. Furthermore, as minors in Michigan are only held to the standard of care of "a reasonably careful minor," it would be similarly illogical to hold child invitees to the standard of an objective, reasonably prudent person; i.e., an adult. Accordingly, we must consider whether a dangerous condition would be open and obvious to a reasonably careful minor; that is, whether the minor would discover the danger and appreciate the risk of harm. [ Id. (citations omitted; alteration in original).]”

   1 later decision quote this exact passage
   e.g. 325 Mich. App. 129 - Estate of Ezekiel D Goodwin v. Northwest Michigan Fair Association

2. “obligated to anticipate and take into account [the child's] propensities to inquire into or to meddle with conditions which he finds on the land, his inattention, and his inability to understand or appreciate the danger, or to protect himself against it.”

   1 later decision quote this exact passage
   e.g. 325 Mich. App. 129 - Estate of Ezekiel D Goodwin v. Northwest Michigan Fair Association

3. “that degree of care which a reasonably careful minor of the age, mental capacity and experience of other similarly situated minors would exercise under the circumstances.”

   1 later decision quote this exact passage
   e.g. 325 Mich. App. 129 - Estate of Ezekiel D Goodwin v. Northwest Michigan Fair Association