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Bill > HB4582


MI HB4582

MI HB4582
Torts: premises liability; open and obvious defense; provide for. Creates new act.


summary

Introduced
06/10/2025
In Committee
06/10/2025
Crossed Over
Passed
Dead

Introduced Session

103rd Legislature

Bill Summary

A bill to provide for the liability of possessors of real property for injuries to invitees.

AI Summary

This bill establishes a new Commercial Premises Liability Act that clarifies the legal responsibilities of property owners and possessors regarding injuries to invitees (people invited onto the property for commercial purposes). The bill defines key terms like "invitee," "open and obvious" (a condition that would be noticed by a reasonably careful person), and "possessor" (someone who controls or has the right to control the property). Under the act, a possessor has a duty to use ordinary care to protect invitees from unreasonable risks of harm that the possessor knows or should know about. Importantly, the bill introduces a nuanced approach to the "open and obvious" defense: while possessors generally do not owe a duty to protect invitees from open and obvious conditions, they must take reasonable precautions if the condition has special features that make it effectively unavoidable or create a high risk of severe harm. The bill explicitly does not affect other existing legal defenses, does not create additional duties for property owners who are not possessors, and does not apply to conditions inside buildings. The legislation aims to provide clear guidelines for premises liability in commercial settings while balancing the interests of property possessors and invitees.

Committee Categories

Justice

Sponsors (9)

Last Action

House Judiciary (10:30:00 8/20/2025 Room 521, House Office Building) (on 08/20/2025)

bill text


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