The proposed bill, known as the "premises liability act," establishes the liability of possessors of real property for injuries sustained by invitees on their premises. It defines key terms such as "invitee," "open and obvious," "owner," "person," "possessor," and "premises." The bill outlines that a possessor has a duty to exercise ordinary care to protect invitees from unreasonable risks of harm if they are aware or should be aware of such conditions. However, it also states that possessors are not required to protect invitees from risks associated with conditions that are open and obvious, unless those conditions present special features that create an unreasonably high risk of severe harm.
Additionally, the bill clarifies that it does not affect any existing defenses available to property owners or possessors under other laws, nor does it create a duty of care for owners who are not also possessors. It also preserves the principles of comparative fault as outlined in existing statutes. Importantly, the bill prohibits the adoption of a reasonable care standard based on the circumstances for premises liability, maintaining the current legal framework that considers the status of individuals on the premises.