Bill Text: MI SB1304 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Torts; liability; private landing field open to public; establish limited liability for aviation-related activities. Amends sec. 73301 of 1994 PA 451 (MCL 324.73301).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-09-20 - Referred To Committee On Judiciary [SB1304 Detail]
Download: Michigan-2011-SB1304-Introduced.html
SENATE BILL No. 1304
September 20, 2012, Introduced by Senator SCHUITMAKER 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, or participating in any other outdoor
recreational use or trail use, or who is a spectator of any of
these activities, 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 does not arise for injuries to the
person or property of a person participating in aviation-related
activities on a private, noncommercial landing field unless the
injuries were caused by the gross negligence or willful and wanton
misconduct of the defendant.
(3) A cause of action does not arise against the owner,
lessee, or occupant on whose property a private, noncommercial
landing field is located for injuries to the person or property of
a person that results from the person's participation in aviation-
related activities on the private, noncommercial landing field.
This subsection does not apply if the injuries were caused by the
gross negligence or willful and wanton misconduct of the owner,
lessee, or occupant.
(4) An owner, lessee, or occupant of premises on which a
private, noncommercial landing field is located does not owe a duty
of care to keep the premises safe for use by others or to give any
warning to users of the premises of hazardous conditions.
(5) (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.
(6) (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.
(7) (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:
(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.
(8) (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.
(9) (6)
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-related activity" means the noncommercial
operation, and related acts in the air and on the ground, of an
aircraft, including, but not limited to, motorized and nonmotorized
fixed wing aircraft, helicopters, balloons, hang gliders, and
parasails. Aviation-related activity includes participation in the
operation or related acts described in this subdivision as a
passenger or spectator.
(c) "Landing field" means that term as defined in section 6 of
the aeronautics code of the state of Michigan, 1945 PA 327, MCL
259.6.
