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Legislation watch
2015 House Bill 4686: Revise city sidewalk liability
Public Act 419 of 2016
Introduced by Rep. Harvey Santana (D) on June 4, 2015
To establish that a municipality being sued for an injury related to a sidewalk “discontinuity” may any use any common law defense available to regular people, including that the condition was “open and obvious.” Current law limits local government defenses in these suits (for example, having to show that a "vertical discontinuity" was less than two inches). Official Text and Analysis.
Referred to the House Judiciary Committee on June 4, 2015
Reported in the House on October 27, 2015
With the recommendation that the bill be referred to the Committee on Local Government.
Referred to the House Local Government and Municipal Finance Committee on October 27, 2015
Reported in the House on December 2, 2015
Without amendment and with the recommendation that the bill pass.
Amendment offered by Rep. Jeremy Moss (D) on December 9, 2015
To still allow the "trier of fact" to consider whether the condition was "open and obvious" in assessing the degree of comparative fault.
The amendment failed by voice vote in the House on December 9, 2015
Received in the Senate on December 15, 2015
Referred to the Senate Government Operations Committee on December 15, 2015
Reported in the Senate on November 29, 2016
With the recommendation that the bill pass.
Amendment offered by Sen. Steve Bieda (D) on December 14, 2016
To restrict courts from accepting an "open and obvious" defense, except in determining which party in a suit was most at fault.
The amendment failed by voice vote in the Senate on December 14, 2016
Signed by Gov. Rick Snyder on January 3, 2017