NFIB Michigan State Director Amanda Fisher testified today before the Michigan House Committee on Judiciary on House Bill 4582, which would partially restore liability protection for property owners if a danger was “open and obvious.”

Following the Michigan Supreme Court’s 2023 ruling eliminating the “open and obvious” doctrine, small businesses are now subjected to increased liability for dangers that are avoidable. As a result, small businesses are seeing drastic increases in liability insurance and will be easy targets of frivolous litigation and costly litigation expenses.

“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.”

“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,” Fisher continued.