Winter Sports Safety Act; limits liability of ski resorts and other winter sports area operators. (SB246)

Introduced By

Sen. Mark Obenshain (R-Harrisonburg) with support from co-patrons Sen. Creigh Deeds (D-Bath), and Sen. Emmett Hanger (R-Mount Solon)

Progress

√
 Introduced
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 Passed Committee
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 Passed House
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 Passed Senate
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 Signed by Governor
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 Became Law

Description

Winter Sports Safety Act.  Limits the liability of ski resorts and other winter sports area operators when death, personal injury, or property damage is caused by an inherent risk of participating in a winter sport. Winter sports area operators are required to post warning signs notifying participants that they assume the risk of participating in a winter sport. The Act sets out the duties and responsibilities of both winter sports participants and operators. Participants are presumed to have assumed the risk for death, personal injury, or damage to property caused by an inherent risk of a winter sport. This presumption is rebuttable by a preponderance of the evidence. The Act does not limit liability for acts or omissions that constitute negligence or gross negligence, or for situations in which the operator recklessly, knowingly, or intentionally commits an act or omission that causes death, personal injury, or damage to property; however, assumption of risk and contributory negligence by the participant are complete bars to recovery. View Full Text »

Outcome

Bill Has Passed

History

  • 01/10/2012 Prefiled and ordered printed; offered 01/11/12
  • 01/10/2012 Prefiled and ordered printed; offered 01/11/12 12102111D
  • 01/10/2012 Referred to Committee for Courts of Justice
  • 02/06/2012 Committee substitute printed 12105088D-S1
  • 02/06/2012 Reported from Courts of Justice with substitute (10-Y 4-N) (see vote tally)
  • 02/07/2012 Constitutional reading dispensed (40-Y 0-N) (see vote tally)
  • 02/08/2012 Read second time
  • 02/08/2012 Reading of substitute waived
  • 02/08/2012 Committee substitute agreed to 12105088D-S1
  • 02/08/2012 Engrossed by Senate - committee substitute SB246S1
  • 02/09/2012 Passed by for the day
  • 02/10/2012 Read third time and passed Senate (32-Y 8-N) (see vote tally)
  • 02/17/2012 Placed on Calendar
  • 02/17/2012 Read first time
  • 02/17/2012 Referred to Committee for Courts of Justice
  • 02/17/2012 Assigned Courts sub: #2 Civil
  • 02/27/2012 Subcommittee recommends reporting with amendment(s) (7-Y 1-N)
  • 02/27/2012 Reported from Courts of Justice with substitute (13-Y 2-N) (see vote tally)
  • 02/27/2012 Committee substitute printed 12105673D-H1
  • 02/29/2012 Read second time
  • 03/01/2012 Read third time
  • 03/01/2012 Committee substitute agreed to 12105673D-H1
  • 03/01/2012 Engrossed by House - committee substitute SB246H1
  • 03/01/2012 Passed House with substitute (78-Y 18-N 1-A)
  • 03/01/2012 VOTE: PASSAGE (78-Y 18-N 1-A) (see vote tally)
  • 03/05/2012 Passed by for the day
  • 03/06/2012 House substitute agreed to by Senate (36-Y 4-N) (see vote tally)
  • 03/06/2012 Title replaced 12105673D-H1
  • 03/08/2012 Enrolled
  • 03/08/2012 Bill text as passed Senate and House (SB246ER)
  • 03/08/2012 Signed by Speaker
  • 03/09/2012 Signed by President
  • 04/09/2012 G Approved by Governor-Chapter 713 (effective 7/1/12)
  • 04/09/2012 G Acts of Assembly Chapter text (CHAP0713)