Introduced
by
To revise the standard of care that is owed to private property “invitees and licensees” as defined in the bill for purposes of establishing tort lawsuit claims against an owner. An owner would owe visitors a level of “ordinary care” to protect an invitee from risks attached to conditions of the property if the risk of harm is unreasonable, if the owner knew or should have known this, and if the owner did not give warning. Beyond this, owners would not be liable risks that are "open and obvious" to a visitor. The bill is said to codify in statute what is already standard practice in Michigan courts.
Referred to the Committee on Judiciary
Reported without amendment
With the recommendation that the bill pass.
Amendment offered
To exempt real estate salespersons from liability for property conditions.
The amendment passed by voice vote
Amendment offered
by
To permit a more expansive "totality of the circumstances" definition of a property owner's liability.
The amendment failed 14 to 24 (details)
Amendment offered
by
To only permit "open and obvious" conditions to be used in assessing the degree of comparative fault in a lawsuit, and not whether a property owner is liable.
The amendment failed 15 to 23 (details)
Passed in the Senate 25 to 13 (details)
Referred to the Committee on Judiciary
