State Rep. Jerry Neyer today announced House passage of his legislation to restore clarity and fairness to Michigan’s premises liability laws following recent court decisions that have created uncertainty for property owners and small businesses across the state.

House Bill 4582 would establish a new Premises Liability Act, codifying in state law the long-standing “open and obvious” doctrine that protected property owners from liability for hazards that are clearly visible. The bill responds to the Kandil-Elsayed v. F & E Oil, Inc. and Pinsky v. Kroger Co. of Michigan rulings, which shifted the doctrine from a complete legal defense to only one factor considered in liability cases.

“Most people understand a simple rule: if a danger is obvious, you should avoid it,” said Neyer (R-Shepherd). “For decades, Michigan law recognized that same common-sense principle. Recent court decisions took that clarity away, creating uncertainty that is driving up lawsuits and insurance costs for businesses and property owners across our state.”

Neyer said the court’s changes have increased legal uncertainty, pushing more cases into lengthy litigation and making it harder for judges to dismiss meritless claims early in the process. In some cases, liability insurance premiums have tripled as businesses face higher legal risks and settlement costs.

“Small businesses are especially vulnerable,” Neyer said. “Many simply cannot afford prolonged legal battles and feel pressured to settle even when they may not be at fault. Those rising costs don’t stay in the courtroom. They get passed on to workers, consumers, and families.”

HB 4582 restores the previous standard by clarifying that property owners generally do not have a duty to protect against hazards that are open and obvious, while still allowing claims to proceed when dangerous conditions are effectively unavoidable or pose an unusually high risk of severe harm. The bill also prevents individuals injured while committing crimes such as breaking and entering from suing the property owners they were victimizing.

“House Bill 4582 restores balance to Michigan law,” Neyer said. “This legislation protects workers, entrepreneurs, and local businesses while ensuring legitimate victims can still pursue justice. It’s about fairness, predictability, and bringing some common sense back to our legal system.”

The bill now advances to the Michigan Senate for consideration.