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Wyoming is beefing up its Recreational Safety Act so minors cannot sue

Posted: February 10, 2011 | Author: | Filed under: Uncategorized |Leave a comment

Major step forward for Wyoming. Contact your Wyoming legislators and support this bill. 

There is a bill pending in the state of Wyoming that will add minors to the protection afforded recreational programs and businesses. Additionally, the act will include outdoor education programs as specifically protected under the act.

Here is the proposed act. Changes are red.

WYOMING

SENATE FILE NO. SF0079

Recreation Safety Act-waiver on behalf of minors.

Sponsored by: Senator(s) Case and Representative(s) Brown and Gingery

A BILL
for

AN ACT relating to the Recreation Safety Act; clarifying 2 assumption of risk relating to that act; providing that a 3 parent may waive a minor’s negligence claim against a 4 provider of a sport or recreational opportunity; and 5 providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1. W.S. 1-1-122(a)(iii), by creating new 10 paragraphs (vi) and (vii) and by renumbering (vi) as (viii) 11 and 1-1-123 by creating new subsections (d) and (e) are amended to read:
 
1-1-122. Definitions.

(a) As used in this act:

(iii) “Sport or recreational opportunity” means commonly understood sporting activities including baseball, softball, football, soccer, basketball, swimming, hockey, dude ranching, nordic or alpine skiing, mountain climbing, outdoor education programs, river floating, hunting, fishing, backcountry trips, horseback riding and any other equine activity, snowmobiling and similar recreational opportunities and includes the use of private lands for vehicle parking and land access related to the sport or recreational opportunity;

(vi) “Minor” means an unemancipated individual who has not yet reached the eighteenth anniversary of his birth; 
(vii) “Parent” means the legal guardian of a minor, his natural parent or if the minor has been legally adopted, the adoptive parent; 

(vi)(viii) “This act” means W.S. 1-1-121 through 22 1-1-123.

1-1-123. Assumption of risk.

(d) The assumption of risk provisions in subsections (a) through (c) of this section apply irrespective of the age of the person assuming the risk. 
(e) A parent may, on behalf of the parent’s minor child, release or waive the minor’s prospective claim for negligence against the provider of a sport or recreational opportunity in which the minor participates. The release or waiver shall be in writing and shall be signed by the minor’s parent and need not be signed by the minor. A minor may not release or waive the minor’s prospective claim for negligence against the provider of a sport or recreational opportunity without the accompanying signature of a parent. A parent may not release or waive a minor’s prospective claim against the provider of a sport or recreational opportunity for willful, wanton or reckless acts. 

 Section 2. This act is effective immediately upon 20 completion of all acts necessary for a bill to become law 21 as provided by Article 4, Section 8 of the Wyoming 22 Constitution. 

I strongly urge you to get on board, contact your Wyoming legislator and support this bill! 

What do you think? Leave a comment.

 
Copyright 2010 Recreation Law (720) Edit Law, Recreation.Law@Gmail.com
 

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