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Michigan one step closer to restoring commonsense liability standard

Advocacy News – March 5, 2026 

What’s new: The House Judiciary Committee passed legislation this week to restore predictability and balance in Michigan’s premise liability standard. The bill restores Michigan’s longstanding “open and obvious” doctrine – a commonsense legal principle that protected property owners from liability for potential hazards that would be apparent to a reasonable person, like a visible ice or a potholes.

Context: In 2023, the Michigan Supreme Court eliminated the traditional open and obvious framework that had been in place for decades. As a result, Michigan is now one of only nine states without this protection, making us a national outlier and creating legal uncertainty for employers across the state.

Committee updates: The bill, HB 4582, was introduced as a partial restoration applying to only to property exteriors. The Committee strengthened the bill with an amendment, expanding coverage to include interior premises as well.

What we’re saying: The Michigan Chamber testified in support of the legislation last summer and continues to advocate for restoring this important safeguard. Without it, employers face:

  • Increased liability exposure and legal uncertainty
  • Higher costs that ultimately impact consumers
  • Added strain on Michigan’s already burdened court system

The MI Chamber is also working alongside more than 40 Michigan stakeholders through the Michigan Alliance for Legal Reform – a coalition dedicated to restoring balance and fairness in Michigan’s legal climate with practical reforms like HB 4582.

What’s next: The bill now heads to the full House for consideration. The MI Chamber will continue engaging lawmakers to advance this important solution.

Go deeper: Read our testimony before the House Judiciary Committee or contact Zach Rudat with questions or to share your perspective.