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House committee hears bill to reinstate 'open-and-obvious' rule for premises liability
Summary
The Michigan House Judiciary Committee heard testimony on House Bill 4582, which would restore the "open and obvious" doctrine in premises liability law; business groups urged passage citing rising litigation costs, while trial lawyers warned the change would reduce protections for vulnerable people.
The Michigan House Judiciary Committee heard testimony on House Bill 4582, which sponsor Rep. Nyer said would "restore the clarity and balance of Michigan premise liability law" that he described as disrupted by recent Michigan Supreme Court decisions.
Supporters — including the National Federation of Independent Business, the Michigan Chamber of Commerce and the Small Business Association of Michigan — told the committee HB 4582 would protect small businesses from a surge in slip-and-fall litigation and higher insurance costs. "For decades, long standing open and obvious doctrine has provided property owners ... no duty or protection to invitees for hazards that were blatantly apparent," Rep. Nyer said, offering examples such as a hole in a parking lot or a snow-covered sidewalk.
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