The Michigan Supreme Court is looking at the case of the hot coals.
A 10-year-old girl burned her foot on hot coals that couldn’t be seen under sand, a day after a Lake Michigan bonfire. The state appeals court said in January Watervale Inn in Benzie County isn’t protected by a law that limits liability on businesses that provide recreation, overturning a decision by a Benzie County judge.
The Supreme Court has accepted an appeal from the inn and will hear arguments in the months ahead.
A key issue appears to be whether building sand castles counts as a “recreational use” that would trigger liability protections for the inn under Michigan law.
The appeals court said Bailey Noble wasn’t engaging in a risky activity when she was injured. It said the potential for injury while hunting or fishing is much greater than the passive activity of making sand castles.
The Watervale Inn had argued that hot coals were hidden under sand. Nonetheless, the court said there’s evidence that the inn knew guests sometimes made fires on the beach.
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