Court: Northern Michigan Inn Not Liable for Girl’s Bonfire Burns

Article

The Michigan Supreme Court has ruled in favor of a century-old inn in a lawsuit over hot coals on a Lake Michigan beach.

The court says Watervale Inn is protected by a law that shields landowners from liability during recreational activities. The court last week reversed a decision by the Michigan appeals court. The appeals court had said 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.

A 10-year-old girl, Bailey Noble, burned her foot on hot coals that couldn’t be seen under sand, a day after a Lake Michigan bonfire in 2013. Noble wasn’t staying at Watervale Inn in Benzie County, but a friend’s family had been invited to use the beach.

The state appeals court in January 2017 said the girl wasn’t engaging in a risky activity when she was injured. The Watervale Inn had argued that hot coals were hidden under sand. Nonetheless, the appeals court ruled there’s evidence that the inn knew guests sometimes made fires on the beach.

The case was closely watched by people who allow public access to their properties. They feared that a decision against the inn could make them liable in the future.

Justice Kurtis Wilder didn’t participate. He had handled the case while on the appeals court in 2017.