The Michigan appeals court says an inn near Lake Michigan can be sued for injuries suffered by a girl who burned her foot in the hidden leftovers of a beach bonfire.
The court overturned a decision by a Benzie County judge who said the century-old Watervale Inn was protected by a Michigan law that limits liability on businesses that provide recreation.
In a 3-0 decision, the court says that law doesn’t apply in the case of a 10-year-old girl. The court says the potential for injury while hunting or fishing is much greater than the passive activity of making sand castles.
The Watervale Inn argued that hot coals were hidden under sand. Nonetheless, the court says there’s evidence that the inn knew guests sometimes made fires on the beach.
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