Committee adopts substitute to narrow premise-liability standard and reports House Bill 4582

The Michigan House Judiciary Committee on February 25 adopted substitute H1 to House Bill 4582 and reported the bill out of committee with recommendation.

Chair Lightner read a lengthy list of written positions both opposing and supporting the bill from business groups, health providers and trade associations. The H1 substitute expands the bill’s protections to invitees on premises and further limits the Michigan Supreme Court’s ability to expand premises-liability law by adopting the third Restatement of Torts’ reasonable-care standard, according to the chair’s floor summary.

The clerk recorded six yays and five nays when the committee voted to adopt the H1 substitute; the substitute was adopted. The committee subsequently voted to report House Bill 4582 with recommendation as substitute H1; that motion also prevailed on a 6–5 recorded vote.

Supporters listed in the record included trade and business organizations recorded as submitting written testimony in favor; opponents included the negligence law section of the state bar, which was recorded as opposing the bill.

The committee’s adoption of the substitute changes the statutory language under consideration and narrows the court’s latitude to shift to a broader reasonable-care standard. The committee’s action advances the bill to the next legislative step; the committee did not complete any further amendments on the floor.

The committee adjourned after completing the day’s business.