Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/08/2020     01/27/2020  

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, which is defined in the bill. The bill states that 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. 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 intentionally cause injury, death, or property damage; act with a willful or wanton disregard for the safety of others or the property of others; or 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.

Date Version PDF TXT
01/08/2020 Senate: Prefiled and ordered printed; offered 01/08/20 20103836D Open

            

2020 SESSION

    20103836D
    SENATE BILL NO. 780
    Offered January 8, 2020
    Prefiled January 8, 2020
    A BILL to amend the Code of Virginia by adding in Chapter 2 of Title 35.1 a section numbered 35.1-17.1, relating to campgrounds; inherent risks; liability.
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    Patron-- Lewis
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    Referred to Committee on General Laws and Technology
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    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.

    Picture Name From Date Type
    Lynwood W. Lewis D-Richmond Sponsor
    Date Branch Action
    01/27/2020 Senate Senate: Rereferred to Judiciary
    01/24/2020 Senate Senate: Constitutional reading dispensed (39-Y 0-N)
    01/22/2020 Senate Senate: Reported from General Laws and Technology (15-Y 0-N)
    01/08/2020 Senate Senate: Prefiled and ordered printed; offered 01/08/20 20103836D
    01/08/2020 Senate Senate: Referred to Committee on General Laws and Technology
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