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MICHIGAN COMPILED LAWS
CHAPTER 324. NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT
ARTICLE III. NATURAL RESOURCES MANAGEMENT
CHAPTER 4. RECREATION
SUBCHAPTER 1. RECREATION
RECREATIONAL TRESPASS
PART 733. LIABILITY OF LANDOWNERS
324.73301. Liability of landowners for injuries to guests; gross negligence;
willful and wanton misconduct; cause of action; definitions
(1) Except as otherwise provided in this section, a cause of action shall 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 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 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 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 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 single
business tax act, Act No. 228 of the Public Acts of 1975, being section 208.35 of the
Michigan Compiled Laws, 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 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.
(5) A cause of action shall 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) As used in this section, "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.
Amended in 1995.
Reviewed by AAHS in July 2001.
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