Relative to civil liability for improper flood hazard determinations
Impact
The proposed changes in H928 would amend Chapter 183 of the General Laws of Massachusetts, emphasizing the importance of accurate flood hazard determinations. With the introduction of this bill, the potential for liability may incentivize contractors and companies to exercise greater diligence in their assessments, thereby leading to more reliable flood risk evaluations. This could ultimately protect property owners from unexpected financial burdens, particularly in securing flood insurance and other related costs.
Summary
House Bill 928, introduced by Representative Bruce J. Ayers, seeks to establish civil liability for companies and contractors who incorrectly determine flood hazard zones. This legislation aims to create a legal recourse for property owners who suffer damages due to improper flood hazard determinations made on behalf of banks or insurance companies. The bill proposes that if a flood hazard determination inaccurately designates a property as being in a special flood hazard area, or vice versa, property owners can bring civil actions against the liable parties if they can demonstrate that they suffered damages as a result.
Contention
A point of contention surrounding this bill involves the burden of proof placed upon the property owners seeking damages. The legislation introduces a rebuttable presumption in favor of a correctly completed flood hazard determination if certified by a professional engineer or land surveyor. Critics might argue that this provision could make it difficult for property owners to successfully recover damages, as overcoming this presumption requires substantial evidence to disprove the determination, thereby creating potential barriers to justice for those affected by inaccurate assessments.