Case Law
Did the placement of a trash barrel on a sidewalk present an
unreasonable risk of harm to the average user, and was the resulting inaccessibility a
violation of the Handicappers' Civil Rights Act?
Premises Liability (Handicappers' Civil Rights Act)
Spagnuolo v Rudds #2. Inc, 221 Mich APP 358; 221 NW2d 500 (1997).
QUESTIONS BEFORE THE COURT: Did the placement of a trash barrel on a
sidewalk present an unreasonable risk of harm to the average user, and was the resulting
inaccessibility a violation of the Handicappers' Civil Rights Act?
FACTS: Plaintiff attempted to maneuver her wheelchair around a trash
can located next to' Defendant's restaurant, one wheel slipped off the elevated sidewalk,
and the wheelchair tumbled on its side, resulting in injuries to Plaintiff. She filed a
lawsuit against Defendant and alleged both negligence and violation of the Michigan
Handicappers' Civil Rights Act.
The trial court granted Defendant's motion for summary disposition on both counts,
whereupon Plaintiff appealed to the Michigan Court of Appeals.
DECISION: The Michigan Court of Appeals affirmed the decision of the
trial court. In regards to the allegation of negligence, the court noted that the
Defendant was not required to make its entire premises "foolproof."
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