Common law already limits Minnesotans’ ability to sue if they are injured while trespassing. Fabian’s bill would put those restrictions into statute, alongside a few exceptions such as for people pursuing outdoor recreation.
“I want the people to know that the likelihood of some sort of a lawsuit coming against them is diminished,” Fabian said. ”Horribly, tragically, some bad things do happen. It’s not because anybody’s intentionally doing things. But I want to try to look out for the landowners, the property owners.”
Rep. Andrew Carlson (DFL-Bloomington) attacked the bill as a product the American Legislative Exchange Council, also known as ALEC, an organization dedicated to the principles of limited government, free markets and federalism.
Rep. Peggy Scott (R-Andover), committee chair, decried DFLers frequently conjuring up the “bogeyman” of ALEC backing, as if the organization is the “author of all things awful.”
Rep. Debra Hilstrom (DFL-Brooklyn Center) warned that HF985 would freeze existing common law in statute, making it impossible for Republican proponents to expand protections for property owners in the future.