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2018 Senate Bill 1017: Revise required “standard of care” definition for lawsuits
Introduced by Sen. Peter MacGregor (R) on May 17, 2018
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.   Official Text and Analysis.
Referred to the Senate Judiciary Committee on May 17, 2018
Reported in the Senate on September 25, 2018
With the recommendation that the bill pass.
Amendment offered in the Senate on November 28, 2018
To exempt real estate salespersons from liability for property conditions.
The amendment passed by voice vote in the Senate on November 28, 2018
Amendment offered by Sen. Steve Bieda (D) on November 29, 2018
To permit a more expansive "totality of the circumstances" definition of a property owner's liability.
The amendment failed 14 to 24 in the Senate on November 29, 2018.
    See Who Voted "Yes" and Who Voted "No".
Amendment offered by Sen. Steve Bieda (D) on November 29, 2018
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 in the Senate on November 29, 2018.
    See Who Voted "Yes" and Who Voted "No".
Received in the House on November 29, 2018
Referred to the House Judiciary Committee on November 29, 2018

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