Burnin’ Ring of Fire: Michigan Supreme Court Confirms Recreational Land Use Act Includes Claims Regarding Beach Play

A Lake Michigan resort was sued after a minor sustained injuries from burning her foot on hot embers buried in the beach sand. On April 6, 2018, the Supreme Court released its decision in Otto v Inn At Watervale, Inc, ___ Mich ___ (2018) (Docket No. 155380).

The MI Supreme Court issued its order reversing the Jan. 17, 2017, judgment of the COA and reinstating the Sept. 2015 summary disposition order from the lower court.

The Recreational Land Use Act’s general provision does not need to list specific conduct that fits the plain meaning of “any other outdoor recreational use” that is similar to enumerated activities, according to the Supreme Court.

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