Michigan Supreme Court Case Raises New Concerns Over Property Owner Liability

A case before the Michigan Supreme Court could further reshape premises liability laws, raising concerns about increased legal exposure and costs for property owners and businesses across the state.

In 2023, the Court overturned Michigan’s longstanding open and obvious doctrine, which had provided property owners with legal protections against lawsuits involving clearly visible hazards, such as icy sidewalks or uneven pavement.

The latest case seeks to expand the scope of property owner liability beyond visitors conducting business to potentially include anyone permitted on a property, regardless of their reason for being there.

The Michigan Alliance for Legal Reform warns that further weakening these protections could leave Michigan among the states with the least favorable legal environment for property owners, potentially increasing litigation and insurance costs.

The organization is advocating for House Bill 4582, legislation that would restore the open and obvious doctrine and bring Michigan back in line with 41 other states that maintain similar protections.

Zach Rudat, Director of the Michigan Alliance for Legal Reform, emphasized the need for legislative action to preserve reasonable safeguards for property owners while discouraging frivolous lawsuits.

The outcome could have significant implications for Michigan businesses, property owners, and the state’s broader legal climate.

Read the full article to learn more about the case, its potential impact, and efforts to restore property owner protections in Michigan.

Read the full press release.

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