This week, the Michigan House passed legislation aimed at clarifying Michigan’s premises liability laws. The bill responds to Michigan court rulings, which shifted the “open and obvious” doctrine from a complete legal defense to only one factor considered in liability cases. According to the sponsor, these rulings created uncertainty for property owners and small businesses statewide.
Key Points:
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- House Bill 4582 was introduced by Representative Jerry Neyer (R-Shepherd).
- It restores the previous standard by clarifying that property owners generally do not have a duty to protect against hazards that are open and obvious.
- However, claims can proceed when dangerous conditions are effectively unavoidable or pose an unusually high risk of severe harm.
- The bill prevents individuals injured while committing crimes from suing the property owners they were victimizing.
“House Bill 4582 restores balance to Michigan law,” Neyer said. “This legislation protects workers, entrepreneurs, and local businesses while ensuring legitimate victims can still pursue justice. It’s about fairness, predictability, and bringing some common sense back to our legal system.”
Next Steps:
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- The bill will be sent to the Senate for consideration.
