2015 House Bill 4686 / 2016 Public Act 419

Revise city sidewalk liability

Introduced in the House

June 4, 2015

Introduced by Rep. Harvey Santana (D-9)

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).

Referred to the Committee on Judiciary

Oct. 27, 2015

Reported without amendment

With the recommendation that the bill be referred to the Committee on Local Government.

Referred to the Committee on Local Government and Municipal Finance

Dec. 2, 2015

Reported without amendment

Without amendment and with the recommendation that the bill pass.

Dec. 9, 2015

Amendment offered by Rep. Jeremy Moss (D-35)

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

Dec. 10, 2015

Passed in the House 55 to 51 (details)

Received in the Senate

Dec. 15, 2015

Referred to the Committee on Government Operations

Nov. 29, 2016

Reported without amendment

With the recommendation that the bill pass.

Dec. 14, 2016

Amendment offered by Sen. Steve Bieda (D-9)

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

Passed in the Senate 22 to 15 (details)

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).

Signed by Gov. Rick Snyder

Dec. 31, 2016