Act Now & Stop this Minnesota bill
Posted: February 13, 2019 Filed under: Minnesota, Release (pre-injury contract not to sue) | Tags: #AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #BicyclingLaw, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #OutsideLawyer, #Rec-Law, #RecLaw, #RecLawBlog, #RecLawyer, #Recreation-Lawcom, #RecreationalLawyer, #RecreationLawBlog, #RecreationLawcom, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #SkiLaw, #SummerCamp, #Tourism, #YouthCamps, #ZipLineLawyer, Backpacking, Camps, Hiking, JimMoss, Law, legislation, Minnesota, MN, Mountaineering, Negligence, OutdoorLaw, OutdoorRecreationLaw, OutsideLaw, Rec-LawBlog, Recreation-Law.com, RecreationLaw, releases, skiing, snowboarding, TravelLaw, waivers Leave a commentMinnesota Legislation is considering a bill that would eliminate releases (waivers) in Minnesota for recreational activities.
What the legislature does not understand is this bill will eliminate recreational activities in Minnesota.
Again, the Minnesota Senate and the House have introduced bills to ban releases in MN for recreational activities. Here is a copy of the Senate bill.
A bill for an act relating to civil actions; voiding a waiver of liability for ordinary negligence involving a consumer service; amending Minnesota Statutes 2018, section 604.055, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2018, section 604.055, subdivision 1, is amended to read:
Subdivision 1.
Certain agreements are void and unenforceable.
An agreement between parties for a consumer service, including a recreational activity, that purports to release, limit, or waive the liability of one party for damage, injuries, or death resulting from conduct that constitutes new text begin ordinary negligence or new text end greater than ordinary negligence is against public policy and void and unenforceable.
The agreement, or portion thereof, is severable from a release, limitation, or waiver of liability for damage, injuries, or death resulting from deleted text begin conduct that constitutes ordinary negligence or for deleted text end risks that are inherent in a particular activity.
EFFECTIVE DATE.
This section is effective August 1, 2019, and applies to agreements first signed or accepted on or after that date.
Without the defenses supplied by releases in Minnesota:
- Insurance costs will skyrocket. After OR outlawed releases some premiums jumped 2.5 times.
- Insurance for many activities will be impossible to find.
- Either because of the costs or the lack of premium recreation business will close.
- The first group of recreation businesses to go will be those serving kids. They get hurt easy, and their parents sue easy.
- Minnesota courts will back log because the only defense available will be assumption of the risk. Assumption of the risk is determined in the vast majority of cases by the jury. Consequently, it will take years to get to trial and prove the injured plaintiff assumed the risk.
Do Something
Contact your Senator and Representative and tell them you are opposed to this bill. Do it by telephone and in writing.
Find other organizations, trade associations and the like and join with them to give them more power because they have more people they represent.
Explain the bill to your friends and neighbors, so they can voice their opinion. Encourage them to do so.
Become politically aware so you know what is going on with the legislature and how to fight bills like this.
What do you think? Leave a comment.
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By Recreation Law Rec-law@recreation-law.com James H. Moss
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