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Committee hears divided testimony on HB 4582 to restore 'open-and-obvious' rule in premises-liability cases
Summary
House Bill 4582 would restore the "open and obvious" threshold in Michigan premises-liability law; business groups urged the committee to pass it to curb litigation and insurance costs, while trial lawyers warned it would reduce safety and limit access to courts.
Representative Nyar introduced House Bill 4582 to reinstate the "open-and-obvious" doctrine in Michigan premises-liability law, saying the change would restore clarity and predictability for property owners and small businesses after 2023 Michigan Supreme Court rulings. The sponsor framed the bill as a response to a shift that now requires judges and juries to engage in more subjective fact-finding instead of dismissing meritless claims early.
Supporters who testified included Amanda Fisher, Michigan state director for the National Federation of Independent Business (NFIB), Randy Gross of the Michigan Chamber, and Jacob Manning of the Small Business Association of Michigan (SBAM). Fisher said the recent court decisions…
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