SB-0788 Summary

• Land possessors (owners, lessees, occupants) owe no duty of care to trespassers and are not liable for injuries resulting from failure to maintain safe conditions or exercise reasonable care.

• Land possessors may be held liable to trespassers if they engage in willful and wanton misconduct that injures the trespasser.

• Land possessors may be held liable if they knew or should have known of a trespasser's presence and failed to use ordinary care to prevent injuries from active negligence.

• Land possessors may be held liable for injuries to child trespassers caused by artificial conditions on the land if the possessor knew children would likely trespass, knew of the dangerous condition, and failed to exercise reasonable care to eliminate the danger.

• The act does not increase liability or eliminate any existing immunities or defenses available to land possessors under Michigan state law.