HOUSE BILL NO. 4915

September 04, 2019, Introduced by Reps. Berman, Garza, Robinson and Wozniak and referred to the Committee on Local Government and Municipal Finance.

A bill to establish liability and provide remedies for damage resulting from falling trees or tree branches.

the people of the state of michigan enact:

Sec. 1. This act shall be known and may be cited as the "tree owner liability act".

Sec. 2. As used in this act:

(a) "Damage" means any of the following:

(i) Damage to real property, including, but not limited to, structures and fixtures on the property.

(ii) Damage to personal property.

(iii) The cost of removing debris from, cleaning, and repairing property.

(b) "Damage" does not include personal injury or death.

Sec. 3. The owner of property on which a tree is located is liable to the owner or occupier of adjacent property for damage proximately caused by any part of the tree falling on the adjacent property, regardless of whether the tree falling was an act of God.

Sec. 4. This act does not limit or affect any other remedy available under the law of this state.