Michigan Farm Bureau (MFB) has joined the Michigan Alliance for Legal Reform as one of the coalition’s 31 founding members, ensuring agriculture has a seat at the table in a statewide effort to promote fairness and predictability in Michigan’s legal system.
“Farming isn’t just a job, it’s a way of life that involves inherent risks,” said Rob Anderson, MFB state government relations manager. “When you open your farm to customers, neighbors and visitors, you should be able to manage those risks without facing disproportionate liability simply for a condition that is visible and should be expected.”
The alliance brings together business and industry groups concerned about how recent legal shifts are increasing uncertainty and costs for property owners across Michigan.
“Michigan’s legal system affects far more than courtroom outcomes – it shapes whether farms and employers across industries can confidently operate, grow and thrive,” said Zach Rudat, director of the alliance.
“Today, excessive litigation drives a hidden ‘tort tax’ of more than $3,000 per household each year and costs the state nearly 100,000 jobs annually. Restoring fairness and predictability helps ensure property owners — including farm families and agribusinesses — aren’t penalized for a system that’s unreasonable and out of alignment."
Why this matters for agriculture
Farming and related activities naturally involve hazards. Uneven ground, working equipment, livestock and changing weather conditions are part of daily operations, particularly as more farms diversify into farm markets, agritourism, u-pick operations and educational visits that bring the public onto working farms.
Those realities became more challenging in 2023, when the Michigan Supreme Court eliminated the “open and obvious” doctrine, a long-standing legal principle that generally limited liability when hazards were clearly visible and avoidable.
“The removal of the open and obvious doctrine shifted the legal standard in a way that exposes property owners to greater liability for everyday conditions,” Rudat said. “That change has real consequences, especially for farm market operations that regularly welcome customers and visitors.”
Michigan is now one of nine states in the nation without some form of open an obvious premise liability protection.
Without that protection, more premises-liability cases can move forward, even when a condition was apparent. Courts now place greater emphasis on whether a property owner took steps to address hazards, expanding potential legal exposure.
For farm businesses, that shift can translate into higher costs, more claims and rising insurance premiums — pressures that affect decisions about whether to host visitors, expand direct-to-consumer sales or invest in agritourism.
The legislative effort
MFB’s participation in the alliance aligns with member-approved policy supporting restoration of the open and obvious doctrine. That position is reflected in House Bill 4582, which would reinstate portions of the doctrine to provide clearer protections for property owners when hazards are visible and avoidable.
“Our members developed policy supporting the open and obvious doctrine because it reflects the real-world nature of agricultural operations,” Anderson said. “Supporting HB 4582 and the alliance is about giving farmers the certainty they need to invest in their operations and, welcome customers safely, and keep their doors open.”
The alliance is also advocating for provisions in House Bill 5281, which would establish transparency and reporting requirements for third-party litigation funding. Michigan Farm Bureau does not have a formal position on the bill.
Both bills await consideration by the House Judiciary Committee.