Bill Text: MI HB4866 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Torts; liability; farm markets; limit civil liability for personal injury and property damage. Creates new act.
Spectrum: Partisan Bill (Republican 11-0)
Status: (Introduced - Dead) 2012-03-13 - Recommendation Concurred In [HB4866 Detail]
Download: Michigan-2011-HB4866-Introduced.html
HOUSE BILL No. 4866
July 27, 2011, Introduced by Reps. Johnson, McBroom, Denby, Tyler, Pscholka, Foster, Rendon, Outman, Goike, Kurtz and Daley and referred to the Committee on Judiciary.
A bill to provide protection from civil liability related to
the operation of farm markets.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "farm
market liability act".
Sec. 3. As used in this act:
(a) "Farm market" means a place open to the public where
growers of farm products sell the products directly to members of
the public.
(b) "Farm product" means that term as defined in section 2 of
the Michigan right to farm act, 1981 PA 93, MCL 286.472, except
that farm product does not include a live animal.
(c) "Person" means an individual, partnership, corporation,
association, governmental entity, or other legal entity.
(d) "Wanton misconduct" means conduct or a failure to act that
shows such indifference to whether harm will result as to be equal
to a willingness that harm will result.
(e) "Willful misconduct" means conduct or a failure to act
that was intended to harm the injured individual.
Sec. 5. (1) Except as otherwise provided in this act, a person
described in subsection (2) is not liable for personal injury or
property damage proximately caused by 1 or more of the following:
(a) A condition on the land where the farm market is located.
(b) The conduct of or failure to act by an individual related
to the operation of the farm market. This subdivision does not
apply to conduct or a failure to act related to transporting farm
products to or from the farm market.
(c) The condition of a farm product sold at the farm market.
(2) All of the following are protected from liability under
subsection (1):
(a) A person who owns or leases property used as a farm
market.
(b) A grower of farm products who sells the products at a farm
market.
(c) An employee or agent of a person described in subdivision
(a) or (b), if the liability of the employee or agent arises from
conduct of or a failure to act by the employee or agent related to
the farm market.
Sec. 7. (1) Section 5 does not apply if the personal injury or
property damage is proximately caused by willful or wanton
misconduct.
(2) This act does not affect the liability or immunity of a
governmental agency under 1964 PA 170, MCL 691.1401 to 691.1419.
