VA HB871 | 2024 | Regular Session

Status

Spectrum: Partisan Bill (Republican 1-0)
Status: Introduced on January 9 2024 - 25% progression, died in committee
Action: 2024-02-13 - Left in Courts of Justice
Pending: House Courts of Justice Committee
Text: Latest bill text (Prefiled) [HTML]

Summary

Campgrounds; inherent risks; liability. Provides that a person who goes camping at a campground shall be presumed to have known the inherent risks of camping, as defined in the bill. The bill provides that a camping professional, as defined in the bill, shall not be liable for the injury to or death of a camping participant resulting from the inherent risks of camping. The bill further provides that no camping participant or camping participant's representative is authorized to maintain an action against or recover from a camping professional for injury to, loss or damage by, or death of the camping participant resulting exclusively from any of the inherent risks of camping, provided that in any action for damages against a camping professional for camping activity, the camping professional pleads the affirmative defense of assumption of the risk. The bill excludes from such immunity acts taken by a camping professional to intentionally cause personal injury or death or property damage, acts made with a willful or wanton disregard for the safety of the camping participant, and instances wherein the camping professional has actual knowledge or reasonably should have known of a dangerous condition on the land or in the facilities or equipment used in the activity and does not make the danger known to the camping participant. Campgrounds; inherent risks; liability. Provides that a person who goes camping at a campground shall be presumed to have known the inherent risks of camping, as defined in the bill. The bill provides that a camping professional, as defined in the bill, shall not be liable for the injury to or death of a camping participant resulting from the inherent risks of camping. The bill further provides that no camping participant or camping participant's representative is authorized to maintain an action against or recover from a camping professional for injury to, loss or damage by, or death of the camping participant resulting exclusively from any of the inherent risks of camping, provided that in any action for damages against a camping professional for camping activity, the camping professional pleads the affirmative defense of assumption of the risk. The bill excludes from such immunity acts taken by a camping professional to intentionally cause personal injury or death or property damage, acts made with a willful or wanton disregard for the safety of the camping participant, and instances wherein the camping professional has actual knowledge or reasonably should have known of a dangerous condition on the land or in the facilities or equipment used in the activity and does not make the danger known to the camping participant.

Tracking Information

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Title

Campgrounds; inherent risks, liability.

Sponsors


Roll Calls

2024-01-24 - House - House: Subcommittee recommends laying on the table (4-Y 3-N) (Y: 4 N: 3 NV: 0 Abs: 2) [PASS]

History

DateChamberAction
2024-02-13HouseLeft in Courts of Justice
2024-01-24HouseSubcommittee recommends laying on the table (4-Y 3-N)
2024-01-23HouseAssigned Courts sub: Civil
2024-01-09HouseReferred to Committee for Courts of Justice
2024-01-09HousePrefiled and ordered printed; offered 01/10/24 24103921D

Subjects


Code Citations

ChapterArticleSectionCitation TypeStatute Text
3511(n/a)See Bill Text
35117.1(n/a)See Bill Text
35117.2(n/a)See Bill Text

Virginia State Sources


Bill Comments

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