2014 House Bill 5335 / Public Act 226

Codify property owner trespasser liability waiver

Introduced in the House

Feb. 18, 2014

Introduced by Rep. Brad Jacobsen (R-46)

To establish in statute (in addition to existing case law or common law) that a property owner, leaseholder, lien-holder or occupant is not liable for physical harm to a trespasser caused by the property owner or possessor's failure to exercise reasonable care to make the property reasonably safe and not endanger the trespasser. The bill authorizes exceptions for willful and wanton misconduct by the property owner or possessor, or “active negligence,” or in the case of harm to a child, knowing that an “attractive nuisance” exists.

Referred to the Committee on Judiciary

April 17, 2014

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

May 1, 2014

Substitute offered

The substitute passed by voice vote

May 8, 2014

Passed in the House 105 to 4 (details)

Received in the Senate

May 13, 2014

Referred to the Committee of the Whole

June 10, 2014

Passed in the Senate 37 to 0 (details)

To establish in statute (in addition to existing case law or common law) that a property owner, leaseholder, lien-holder or occupant is not liable for physical harm to a trespasser caused by the property owner or possessor's failure to exercise reasonable care to make the property reasonably safe and not endanger the trespasser. The bill authorizes exceptions for willful and wanton misconduct by the property owner or possessor, or “active negligence,” or in the case of harm to a child, knowing that an “attractive nuisance” exists.

Signed by Gov. Rick Snyder

June 21, 2014