Prolonged Occupancy

[admin]

I think this is another example of a generalization being used to try to cover liability. You can find examples of this in every industry and it doesn't mean there is any real authority behind it. Similar to the trucks on the highway claiming they are not liable for cracked windshields. They can plaster that all over their trucks, but that doesn't make it true. I always assume companies figure its easier to write that kind of language into their docs in hopes that it will cover them, or at the very least stop the frivolous claims. Plus it's a lot less likely that someone will challenge poor language in the warranty because that would involve the courts and most people wont have the time or money to pursue it.
Again I think this is just a fact of life in our lawsuit happy world and despite the language in the doc LL seems to be one of the better companies to work with on warranty issues. I have a feeling that if something breaks and its not covered by warranty its not going to be because of the "prolonged occupancy" exception.

[david]

When you contact the RVIA ask them if there is any case law that defines the term. Any definition that RVIA gives you that is not supported by case law is meaningless unless it is part of the manufacturer's warranty language.

In general case law is a body of legal rulings that sets a principle, defines an open ended term (like prolonged occupancy), etc. Case law is often limited to the state that defined it and it takes a several similar legal rulings in multiple states for it to become generally accepted.

All of which is purely academic as far as a LL camper goes.

David

[funpilot]

[quote source="/post/3463/thread" timestamp="1410315892" author="@leslie"]Reading funpilot's last post reminds me of why I did not become a lawyer. I fell asleep reading legal cases

However, I do appreciate the lengthy excerpt. I read the Camplite Owner's Manual completely and carefully. I notice that Livin Lite used some of the same phrases as is presented here. Livin Lite's version left out some of the content. Livin Lite is a member of RVIA, the industry's association. I think RVIA has provided some of these phrases, IMHO.

I have heard lawyers say that if something doesn't have a definition, then it doesn't exist. I asked Livin Lite to define "prolonged occupancy". So far, they have declined to do so. Therefore, the question is - does it exist?[/quote][p]

Ok Leslie, here is what I got.  I am just doing research, not opining on this topic at all.  I deleted contact info on who sent this to me as a courtesy to the sender but I will share it with anyone who truly needs to get more information.


Robert,

The following is the definition from the National Fire Protection Association (NFPA) standard entitled : NFPA 1192 Standard on Recreational Vehicles – 2014 edition:

3.3.46 Recreational Vehicle (RV). A vehicular-type unit that is primarily designed as temporary living quarters for recreational, camping, or seasonal use; has its own motive power or is mounted on or towed by another vehicle; is regulated by the National Highway Traffic Safety Administration as a vehicle or vehicle equipment; does not require  special highway use permit for operation on the highways; and can be easily transported and set up on a daily basis by an individual. 

 These units are designed and built to be used for recreational/camping/seasonal purposes only. They are not meant to be affixed to the property in any way, they do not improve property values in any way, and they are neither designed nor intended by their manufacturers to be used as permanent residences. RVs are titled as vehicles (towables) or motor vehicles (motorhomes) by the respective states. The key distinction is that for example manufactured homes are single-family dwellings that are designed and built for permanent residency under standards set by the Department of Housing and Urban Development.  RVs are vehicles, designed and built to be used as a recreational, camping, or seasonal accommodation under NFPA 1192.  RVs are not intended for, nor should they be used for, anything other than recreational camping or seasonal use. They are not permanent residences and should not be used as such.  RVs, such as  motor homes, travel trailers and fifth-wheel trailers are built to ensure safety but are not required to meet residential building codes or installation codes (e.g.: thermal insulation, structural, etc.) that stick-built or manufactured homes are required to meet.

 I have also attached a RVIA Standards Department brochure for your reference[/p][p]
[/p][p][attachment id="351" thumbnail="1"][/p][p]
[/p][p]
[/p][p][attachment id="352"] 

 

[/p]

[leslie]

Well, I did not realize where this thread was going to go. The section in the owner's manual about prolonged occupancy just is just too vague. And, apparently, that is where it is going to stand.

Thank you, funpilot. You are worth every penny I paid you. Oh wait...

[tinkeringtechie]

[quote source="/post/3490/thread" timestamp="1410364617" author="@leslie"]The section in the owner's manual about prolonged occupancy just is just too vague. [/quote]I think that's intentional. If they came out and said that you can't stay in it for more than 90 days then someone would stay in it for 89, take a week off and then repeat.