Michigan House Passes Premises Liability Bill to Restore Open and Obvious Standard After Supreme Court Ruling

Michigan House Passes Premises Liability Bill to Restore Open and Obvious Standard After Supreme Court Ruling

LANSING — The Michigan House of Representatives passed legislation on March 11 that would restore a commonsense legal standard protecting property owners from liability for hazards that are clearly visible, a principle the Michigan Supreme Court effectively eliminated in 2023 rulings.

House Bill 4582, sponsored by Rep. Jerry Neyer (R-Shepherd), establishes a new Premises Liability Act that codifies the long-standing "open and obvious" doctrine into state law. The bill now advances to the Michigan Senate for consideration.

The Legal Change

The legislation responds to two Michigan Supreme Court rulings — Kandil-Elsayed v. F & E Oil, Inc. and Pinsky v. Kroger Co. of Michigan — which shifted the "open and obvious" doctrine from a complete legal defense to merely one factor considered in liability cases.

Under the bill, property owners generally do not have a duty to protect against hazards that are open and obvious. However, claims can still proceed when dangerous conditions are effectively unavoidable or pose an unusually high risk of severe harm.

A Return to Common Sense

"Most people understand a simple rule: if a danger is obvious, you should avoid it," Neyer said. "For decades, Michigan law recognized that same common-sense principle. Recent court decisions took that clarity away, creating uncertainty that is driving up lawsuits and insurance costs for businesses and property owners across our state."

The bill also includes provisions preventing individuals injured while committing crimes — such as breaking and entering — from suing the property owners they were victimizing.

Impact on Michigan Business

Small businesses and property owners have faced increased legal risks under the current standard. According to Neyer, some businesses have seen liability insurance premiums triple as they face higher legal risks and settlement costs.

"Small businesses are especially vulnerable," Neyer said. "Many simply cannot afford prolonged legal battles and feel pressured to settle even when they may not be at fault. Those rising costs don't stay in the courtroom. They get passed on to workers, consumers, and families."

National Context

Before the 2023 Supreme Court decisions, Michigan was one of many states that recognized the "open and obvious" doctrine as a complete defense. After the rulings, Michigan became one of only nine states without this protection, making it a national outlier.

The bill also prevents individuals injured while committing crimes — such as breaking and entering — from suing the property owners they were victimizing.

Next Steps

The bill has passed the House with bipartisan support and will now be sent to the Michigan Senate for consideration. Advocacy groups including the National Federation of Independent Business have testified in favor of the legislation, which they say would reduce legal uncertainty and lower costs for small businesses across the state.

The Michigan Chamber of Commerce also supported the bill, noting that without the doctrine, employers face increased liability exposure and higher costs that ultimately impact consumers.

Sources:

• Rep. Neyer bill restoring clarity to Michigan premises liability law passes House — MI House Republicans, March 11, 2026: https://gophouse.org/posts/rep-neyer-bill-restoring-clarity-to-michigan-premises-liability-law-passes-house
• Michigan Legislative Update – Spring 2026 Edition — NFIB, March 31, 2026: https://www.nfib.com/news/news/michigan-legislative-update-spring-2026-edition/
• Premises Liability Clarification Passes — Michigan Legislative Consultants, March 13, 2026: https://mlcmi.com/premises-liability-clarification-passes/
• Small Businesses Commend House Passage of Reasonable Standard for Premises Liability — NFIB
• Michigan one step closer to restoring commonsense liability standard — Michigan Chamber of Commerce