Bill Text: VA HB1379 | 2021 | Regular Session | Prefiled
Bill Title: Campgrounds; inherent risks, liability.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-12-04 - Left in Courts of Justice [HB1379 Detail]
Download: Virginia-2021-HB1379-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Chapter 2 of Title 35.1 a section numbered 35.1-17.1 as follows:
§35.1-17.1. Campgrounds; inherent risks; liability.
A. As used in this section, "camping" means all aspects of visiting a campground, staying overnight at a campground, and using all areas of a campground.
B. A person who goes camping at a campground shall be presumed to have known the inherent risks of camping. Such inherent risks of camping include:
1. Features of the natural world, such as trees, tree stumps, roots, brush, rocks, sand, water, soil, stinging and biting insects and animals, other wildlife, poisonous or noxious plants, and weather;
2. Uneven or unpredictable terrain;
3. Natural bodies of water and accessories permitting the use of natural bodies of water, including piers, docks, swimming areas, and aquatic or recreation facilities or areas;
4. Another individual at the campground acting in a negligent manner;
5. Lack of lighting;
6. Campfires, whether in a fire pit or enclosure provided by the campground or makeshift by an individual or group at the campground;
7. Violation of safety rules or disregard for signs communicating warnings;
8. Actions by the individual exceeding his physical limitations or abilities that causes his injuries; and
9. Animals of other individuals or groups visiting the campground that cause injury, unless the campground has accepted responsibility for care of the animal.
C. A campground, an owner or operator of a campground, and any employee or officer of a campground shall be immune from civil liability for acts or omissions related to camping at a campground if a person is injured or killed, or the property of an individual or group is damaged, as a result of the inherent risks of camping.
D. Notwithstanding subsection C, a campground, an owner or operator of a campground, and any employee or officer of a campground may be held civilly liable under this section if the person or agents of the campground seeking immunity:
1. Intentionally cause injury, death, or property damage;
2. Act with a willful or wanton disregard for the safety of others or the property of others; or
3. Fail to conspicuously post warning signs of a dangerous inconspicuous condition known on the property if the owner of the campground is aware of the condition by reason of a prior injury involving the same location or the same mechanism of injury.
