Michigan has been named one of just four states in “legislative limbo” by the American Tort Reform Association, called out for stalled action on restoring the state’s “open and obvious” premises liability protection.
This once-standard legal doctrine shielded property owners from lawsuits over hazards any reasonable person would notice, like ice patches or puddles. Michigan’s Supreme Court struck it down in 2023, leaving the state as one of only 9 in the country without it — and fueling a wave of slip-and-fall litigation.
According to Zach Rudat, Director of the Michigan Alliance for Legal Reform, the fallout shows up in everyday costs: rising property insurance rates and a surge in slip-and-fall billboard ads. Restoring the protection, he says, would help ease housing and living costs for Michigan families and businesses alike.
The numbers back it up. ATRA’s report pegs Michigan’s “tort tax” — the hidden cost of lawsuit abuse — at $1,148 per person annually, roughly three months of groceries for a family of four.
A fix is already in motion: HB 4582 passed the State House back in March and now awaits action in the State Senate.