MI HB5335

Land possessors owe no duty of care to trespassers and are not liable for injuries resulting from failure to maintain safe conditions or prevent dangerous activities.

Land possessors may be held liable to trespassers only if: (1) they cause injury through willful and wanton misconduct, (2) they knew or should have known of the trespasser's presence and failed to use ordinary care to prevent injury from active negligence, or (3) they knew trespassers constantly intruded on a limited area and failed to exercise reasonable care in activities involving risk of death or serious bodily harm.

Land possessors may be liable for injuries to child trespassers caused by artificial conditions if: the possessor knew or should have known children would likely trespass there, knew of the dangerous condition and its unreasonable risk to children, the child could not discover or understand the risk due to age, the burden of eliminating danger was slight compared to the risk, and the possessor failed to exercise reasonable care.

The Act does not increase liability for land possessors beyond common law and statutory immunity and defenses already available under Michigan law.

Effective date: June 26, 2014.