House advances “open and obvious” legislation backed by Farm Bureau, legal reform coalition

Legislation seeking to restore long-standing legal protections for property owners advanced in the Michigan House.

Lawmakers voted 58-48 to approve House Bill 4582, which would reinstate Michigan’s “open and obvious” doctrine, a decades-old legal standard eliminated by a 2023 Michigan Supreme Court ruling.

The doctrine previously limited liability for property owners when hazards — such as ice, mud or standing water — were clearly visible and reasonably avoidable. Its removal expanded the potential for premises-liability claims, increasing legal uncertainty for landowners across the state.

“Without the open and obvious doctrine, Michigan is a national outlier and a hotbed for frivolous lawsuits,” said Zach Rudat, director of the Michigan Alliance for Legal Reform. “Thanks to a bipartisan coalition of lawmakers, Michigan is one step closer to lower housing costs, stronger property owner protections and a fairer legal system for all. We thank the House for this important step and look forward to further discussions in the Senate.”

The Michigan Alliance for Legal Reform — a coalition of business groups and employers that includes Michigan Farm Bureau — has been advocating for the change as part of a broader effort to improve the state’s legal climate.

Implications for agriculture

For farm families, the issue is especially significant. The “open and obvious” doctrine had protected property owners in Michigan for more than 20 years, generally holding that landowners were not liable for hazards that were clearly visible unless they were unavoidable or unreasonably dangerous.

That changed in 2023, opening the door for more claims tied to everyday conditions — including those common on working farms.

“Farms are inherently dynamic environments, and conditions can change quickly with weather, equipment and daily operations,” said Rob Anderson, Michigan Farm Bureau state government relations manager. “When the open and obvious doctrine was removed, we saw increased legal pressure — including involvement from out-of-state law firms — contributing to higher settlements and rising insurance costs. It becomes an unending spiral of cost for farm businesses trying to manage everyday risk.”

Many farms today also host visitors, making clear and predictable standards even more important.

“Restoring this doctrine helps ensure farmers can continue to welcome customers and operate with a reasonable understanding of their legal responsibilities,” Anderson said.

Aligning Michigan with other states

Supporters say the legislation would bring Michigan back in line with the majority of the country. Currently, 41 states maintain some form of open and obvious protection, including neighboring Great Lakes states.

Michigan Farm Bureau supports the legislation, which aligns with long-standing, member-developed policy. The bill now heads to the Senate Finance, Insurance and Consumer Protection Committee for consideration.