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 |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
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. Read the Bill »
Outcome
History
| Date | Action |
|---|---|
| 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) |