Protect Your Rights: Oppose the Reinstatement of the “Open and Obvious” Doctrine

Home » Protect Your Rights: Oppose the Reinstatement of the “Open and Obvious” Doctrine

Gruel Mills would like to make you aware of Michigan House Bill 4582, legislation currently being considered in the Michigan Legislature that could significantly impact the rights and safety of Michigan residents, including YOU!

This bill would reinstate the “open and obvious” doctrine, a legal rule that the Michigan Supreme Court recently overturned. For many years, this doctrine allowed property owners and businesses to avoid responsibility for dangerous conditions on their premises simply by arguing that the hazard was “open and obvious.”

The Court recognized how harmful and unfair this rule had become and eliminated it. HB 4582 would bring it back and write it into law.

Why This Matters for Michigan Residents

If passed, this legislation would make it much harder for injured individuals to hold negligent property owners accountable.

Before the doctrine was overturned, property owners frequently argued they had no duty to address dangerous conditions such as:

  • Snow- or ice-covered sidewalks and entryways
  • Broken or uneven stairs
  • Loose railings
  • Potholes in parking lots
  • Unsafe ramps or walkways

 

In many cases, courts dismissed claims simply because someone could have seen the hazard.

This rule was particularly harmful to seniors, individuals with disabilities, and anyone navigating busy or unfamiliar environments, where hazards may not be easily visible or avoidable.

Even worse, the doctrine created a strange legal incentive: the more obvious and dangerous a condition was, the easier it became for a property owner to escape responsibility.

How This Could Affect Your Case

If HB 4582 becomes law, it could directly impact cases like yours and make it nearly impossible for you to receive the justice you deserve.

What You Can Do

If you believe property owners should be responsible for maintaining safe premises for the people they invite onto their property, I encourage you to quickly send a message to your representative using this link: https://www.michiganjustice.org/?pg=LegisAction#/5.

It only takes a minute, and hearing from constituents can make a real difference. Please consider sending this information to your Michigan friends and family!!!

Thank you for taking the time to stay informed and for considering speaking up about this important issue.