House
File
273
-
Introduced
HOUSE
FILE
273
BY
NORDMAN
A
BILL
FOR
An
Act
providing
for
an
exemption
from
tort
liability
arising
1
from
winter
recreational
activities
on
commercial
property.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2200YH
(2)
89
cm/jh
H.F.
273
Section
1.
NEW
SECTION
.
675.1
Injuries
arising
from
winter
1
recreational
activities
on
commercial
property
——
liability.
2
1.
A
person
that
owns
or
controls
commercial
property
shall
3
be
liable
only
to
the
extent
liability
may
be
imposed
by
an
4
express
statute
dealing
with
such
claims
and,
in
the
absence
of
5
such
express
statute,
a
person
that
owns
or
controls
commercial
6
property
shall
be
immune
from
liability
on
any
claim
for
injury
7
or
damages
based
upon
or
arising
out
of
claim
of
negligence
8
against
such
a
person
who
can
show
that
the
injury
or
damages
9
occurred
on
the
commercial
property
from
sledding,
tubing,
or
10
other
related
winter
recreational
activity,
that
the
claimed
11
injuries
or
damages
resulted
from
the
normal
and
expected
risks
12
inherent
in
the
recreational
activity,
and
that
the
person
13
engaging
in
the
recreational
activity
was
voluntarily
on
the
14
commercial
property
where
the
injuries
or
damages
occurred
and
15
knew
or
reasonably
should
have
known
that
the
recreational
16
activity
created
a
substantial
risk
of
injuries.
17
2.
This
section
does
not
exempt
from
liability
a
person
that
18
promotes,
advertises,
recommends,
or
charges
a
fee
for
use
of
19
the
commercial
property
for
sledding,
tubing,
or
other
related
20
winter
recreational
activity.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
provides
an
exemption
from
tort
liability
arising
25
from
winter
recreational
activities
on
commercial
property.
26
The
bill
provides
that
a
person
who
owns
or
controls
27
commercial
property
shall
be
immune
from
liability
from
any
28
claim
for
injury
or
damages
based
upon
or
arising
out
of
claim
29
of
negligence
against
such
a
person,
if
the
person
can
show
30
that
the
injury
or
damages
occurred
from
voluntary
sledding,
31
tubing,
or
other
related
winter
recreational
activity
on
32
commercial
property,
that
the
claimed
injuries
or
damages
33
resulted
from
the
normal
and
expected
risks
inherent
in
the
34
activity,
and
that
the
injured
person
knew
or
reasonably
should
35
-1-
LSB
2200YH
(2)
89
cm/jh
1/
2
H.F.
273
have
known
that
the
recreational
activity
created
a
substantial
1
risk
of
injuries.
2
A
person
who
promotes,
advertises,
recommends,
or
charges
3
a
fee
for
use
of
the
property
for
sledding,
tubing,
or
other
4
related
winter
recreational
activity
is
not
exempt
from
tort
5
liability
under
the
bill.
6
-2-
LSB
2200YH
(2)
89
cm/jh
2/
2