Hoffner v. Lanctoe’s Empirical Analysis

Citation profile

8 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]f the particular activity or condition creates a risk of harm only because the invitee does not discover the condition or realize its danger, then the open and obvious doctrine will cut off liability if the invitee should have discovered the condition and realized its danger. On the other hand, if the risk of harm remains unreasonable, despite its obviousness or despite knowledge of it by the invitee, then the circumstances may be such that the invitor is required to undertake reasonable precautions.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Foust v. Home Depot USA, Inc. · Campbell v. Speedway LLC

2. “a premises possessor owes a duty to an invitee to exercise reasonable care to protect the invitee from an unreasonable risk of harm caused by a dangerous condition on the land.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. 323 Mich. App. 620 - David Finazzo v. Fire Equipment Company · Grimwood v. Am. Airlines, Inc.

3. “it is reasonable to expect that an average person with ordinary intelligence would have discovered it upon casual inspection.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. 323 Mich. App. 620 - David Finazzo v. Fire Equipment Company · 325 Mich. App. 129 - Estate of Ezekiel D Goodwin v. Northwest Michigan Fair Association