Bill Text: MI HB4244 | 2015-2016 | 98th Legislature | Engrossed

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Bill Title: Torts; premises liability; liability for recreational user; include aviation activities. Amends sec. 73301 of 1994 PA 451 (MCL 324.73301).

Spectrum: Moderate Partisan Bill (Republican 8-2)

Status: (Introduced - Dead) 2015-04-22 - Referred To Committee On Judiciary [HB4244 Detail]

Download: Michigan-2015-HB4244-Engrossed.html

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HB-4244, As Passed House, April 21, 2015

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4244

 

February 25, 2015, Introduced by Reps. Pettalia, Kelly, Franz, Graves, McBroom, Kivela, Dianda, Hooker, Rendon and Tedder and referred to the Committee on Judiciary.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 73301 (MCL 324.73301), as amended by 2007 PA

 

174.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 73301. (1) Except as otherwise provided in this section,

 

a cause of action shall does not arise for injuries to a person who

 

is on the land of another without paying to the owner, tenant, or

 

lessee of the land a valuable consideration for the purpose of

 

fishing, hunting, trapping, camping, hiking, sightseeing,

 

motorcycling, snowmobiling, aviation activities, or any other

 

outdoor recreational use or trail use, with or without permission,

 

against the owner, tenant, or lessee of the land unless the

 

injuries were caused by the gross negligence or willful and wanton

 

misconduct of the owner, tenant, or lessee.

 

     (2) A cause of action shall does not arise for injuries to a

 

person who is on the land of another without paying to the owner,

 

tenant, or lessee of the land a valuable consideration for the

 

purpose of entering or exiting from or using a Michigan trailway as

 

designated under part 721 or other public trail, with or without

 

permission, against the owner, tenant, or lessee of the land unless

 

the injuries were caused by the gross negligence or willful and

 

wanton misconduct of the owner, tenant, or lessee. For purposes of

 

this subsection, a Michigan trailway or public trail may be located

 

on land of any size including, but not limited to, urban, suburban,

 

subdivided, and rural land.

 

     (3) A cause of action shall does not arise against the owner,

 

tenant, or lessee of land or premises for injuries to a person who

 

is on that land or premises for the purpose of gleaning

 

agricultural or farm products, unless that person's injuries were

 

caused by the gross negligence or willful and wanton misconduct of

 

the owner, tenant, or lessee.

 

     (4) A cause of action shall does not arise against the owner,

 

tenant, or lessee of a farm used in the production of agricultural

 

goods as defined by section 35(1)(h) of the former single business

 

tax act, 1975 PA 228, or by section 207(1)(d) of the Michigan

 

business tax act, 2007 PA 36, MCL 208.1207, for injuries to a

 

person who is on that farm and has paid the owner, tenant, or

 

lessee valuable consideration for the purpose of fishing or

 

hunting, unless that person's injuries were caused by a condition

 

which that involved an unreasonable risk of harm and all of the

 

following apply:

House Bill No. 4244 as amended April 21, 2015

 

     (a) The owner, tenant, or lessee knew or had reason to know of

 

the condition or risk.

 

     (b) The owner, tenant, or lessee failed to exercise reasonable

 

care to make the condition safe, or to warn the person of the

 

condition or risk.

 

     (c) The person injured did not know or did not have reason to

 

know of the condition or risk.

 

     (5) A cause of action shall does not arise against the owner,

 

tenant, or lessee of land or premises for injuries to a person,

 

other than an employee or contractor of the owner, tenant, or

 

lessee, who is on the land or premises for the purpose of picking

 

and purchasing agricultural or farm products at a farm or "u-pick"

 

operation, unless the person's injuries were caused by a condition

 

that involved an unreasonable risk of harm and all of the following

 

apply:

 

     (a) The owner, tenant, or lessee knew or had reason to know of

 

the condition or risk.

 

     (b) The owner, tenant, or lessee failed to exercise reasonable

 

care to make the condition safe, or to warn the person of the

 

condition or risk.

 

     (c) The person injured did not know or did not have reason to

 

know of the condition or risk.

     [(6) This section does not limit the liability that would otherwise exist for aviation activities if the liability arises from a failure to guard or warn against a known dangerous condition, use, structure, or activity.

     (7)] As used in this section: , "agricultural

 

     (a) "Agricultural or farm products" means the natural products

 

of the farm, nursery, grove, orchard, vineyard, garden, and apiary,

 

including, but not limited to, trees and firewood.

 

     (b) "Aviation activities" means the noncommercial operation,

 

and related acts in the air and on the ground, of an aircraft,

 

including, but not limited to, a motorized or nonmotorized fixed

 

wing aircraft, helicopter, balloon, hang glider, or parasail.

 

Aviation activities include participation in the operation or

 

related acts described in this subdivision as a passenger or

 

spectator.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.