Great Lakes Wire

NFIB Michigan State Director Amanda Fisher appeared before the Michigan House Committee on Judiciary to discuss House Bill 4582, which seeks to partially reinstate liability protections for property owners when a hazard is considered “open and obvious.”

The move comes after a 2023 decision by the Michigan Supreme Court removed the “open and obvious” doctrine. This change has resulted in small businesses facing higher liability insurance costs and increased exposure to lawsuits, including those deemed frivolous.

“For decades, this rule served as a clear, objective standard that allowed courts to dismiss meritless claims early in litigation,” Fisher testified. “Without it, judges and juries must now engage in complex factual inquiries about whether an ‘open and obvious’ hazard nonetheless posed an ‘unreasonable risk of harm.’ This subjective standard increases litigation costs and clogs judicial resources with cases that previously would have been resolved swiftly.”

Fisher also stated, “The Legislature has the opportunity to eliminate the uncertainty of the courts with a standard that will provide clarity and predictability for not just property owners, but all Michigan residents.”