In 2023, the Michigan Supreme Court eliminated the longstanding “open and obvious” doctrine. For over two decades, this common-sense standard protected property owners from liability when a hazard was clearly visible and avoidable to a reasonable person. The elimination of this doctrine now exposes business owners to costly litigation, even when individuals fail to exercise personal responsibility for their own safety.
From the business community’s perspective, this judicial overreach is inherently anti-business and anti-economic growth. The ruling paves the way for a surge in frivolous “slip-and-fall” lawsuits, driving up operational expenses and insurance premiums at a time when businesses are already facing significant economic pressures. This new, uncertain legal environment particularly harms high-traffic businesses and small enterprises that lack extensive legal resources. Left unaddressed, Michigan risks becoming a national outlier for expensive premises liability litigation, hindering our state’s competitiveness.
House Bill 4582 seeks to codify the “open and obvious” standard back into Michigan law. The legislation would re-establish that a property owner does not have a duty to protect an individual from a hazard that a reasonably careful person would have discovered upon casual inspection. This restoration of a clear, predictable standard is crucial for maintaining a stable and competitive business environment.
This week, the Detroit Regional Chamber, alongside organizations like the Michigan Chamber of Commerce, Michigan Manufacturers Association, and the Small Business Association of Michigan, signed a coalition letter formally urging the House Judiciary Committee to support HB 4582. As advocates for the Detroit Region’s business community, the Chamber believes this legislation is necessary to curb costly litigation and provide the legal certainty that allows businesses to invest, grow, and create jobs.
Read the coalition letter below.