Written by Forrest Wall, CAE, Staff Vice President and Industry Relations
Open And Obvious Legislation Moves in Senate
A Michigan Senate Committee recently approved legislation specifying the liability of property owners for injuries to invitees (i.e. lessees) and licensees (i.e. guests). Senate Bill 1017, introduced by Sen. Peter MacGregor, proposes what is called the “Premises Liability Act.” The proposed legislation would change the “open and obvious” doctrine in Michigan. Currently, there is no specific Michigan statute that addresses this issue. Rather, the “open and obvious” standard in Michigan came from judicial rule. The legislation provides definitions for possessors of property, invitees, licensees, and the term “open and obvious.” Under the bill, a possessor would have a duty to use ordinary care to protect an invitee from risks of harm from a condition on the premises if the risk of harm was unreasonable, and the possessor knew or should have known of the condition, and should have realized that the condition involved an unreasonable risk of harm. With respect to invitees, the bill states a possessor would be liable only for physical harm by a condition the possessor knew or should have known of, and should have realized it involved an unreasonable risk of harm, and should have expected the licensee would not have discovered the danger, and if the possessor failed to warn the licensee of the danger. Finally, a possessor would owe no duty to warn or protect an invitee or licensee of risks from open and obvious conditions unless there are special features that make the condition unavoidable or create an unreasonably high risk of severe harm. SB 1017 now goes to the full Senate for consideration.
Help AAM-PAC Make A Difference In This Election!
With the Governor’s office, all 110 seats in the Michigan House of Representatives, all 38 seats in the Michigan Senate, and other key leadership posts up for election this year, it is imperative that business owners are involved in the political process.
One great way to have your voice heard is to support AAM-PAC. AAM-PAC is the Apartment Association’s political action committee, which utilizes contributions from members and aggregates them into one fund. This fund is used to financially support those elected officials who understand the important role of rental housing in Michigan’s economy. In short, we do the legwork for you to find the candidates who will best represent your business, and then support their campaign. Remember, AAM-PAC contributions must be made via personal, partnership, LLP, or LLC check or credit cards. Please call me at 248-862-1004 to make your contribution today.