Advocacy Update

Forrest WallAAM Joins Coalition To Protect Trespasser Liability Law

Written by Forrest Wall, CAE, Staff Vice President and Industry Relations

Under current law, a property owner does not owe a duty of care to protect trespassers on their property, with the exception of some very narrowly defined situations. However, an effort led by the American Law Institute, via their 2012 Restatement Third of Torts: Liability for Physical and Emotional Harm (“Restatement”), seeks to change this. The Restatement recommends that courts across the country impose a duty on property owners to exercise reasonable care for all entrants on their land, including unwanted trespassers. If the current (or a future) Michigan Supreme Court were to adopt the Restatement it would dramatically expand trespassers’ rights to sue property owners and thus impose costly burdens on the industry to protect property from trespassers. This could also lead to higher property insurance premiums. AAM has joined in a coalition initiated by the Michigan Chamber of Commerce which seeks to enact legislation to protect Michigan’s longstanding trespasser liability laws. That legislation was introduced in February as House Bill 5335, sponsored by Rep. Bradford Jacobsen (R-46th District). The bill further codifies the liability of land owners relative to trespassers to preempt current or future courts from adopting the Restatement’s approach. n

Builder’s License Continuing Competency

Some AAM Members hold a Michigan Residential Builder License even though they may not be currently building. If you are one of these individuals and you wish to maintain your license, please remember that the State of Michigan now requires you to complete three hours of “continuing competency” by your renewal deadline of May 31, 2014. AAM and HBA are holding three hour classes (covering each of the required categories – one hour codes, one hour legal and one hour safety) which will provide you what you need to comply. Visit HBA’s website for online registration at www.builders.org.

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