House File 745 - Introduced HOUSE FILE 745 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 273) A BILL FOR An Act providing for an exemption from tort liability arising 1 from winter recreational activities on commercial property. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2200HV (1) 89 cm/jh

H.F. 745 Section 1. NEW SECTION . 675.1 Injuries arising from winter 1 recreational activities on commercial property —— liability. 2 1. A person that owns or controls commercial property shall 3 be liable only to the extent liability may be imposed by an 4 express statute dealing with such claims and, in the absence of 5 such express statute, a person that owns or controls commercial 6 property shall be immune from liability on any claim for injury 7 or damages based upon or arising out of claim of negligence 8 against such a person who can show that the injury or damages 9 occurred on the commercial property from sledding, tubing, or 10 other related winter recreational activity, that the claimed 11 injuries or damages resulted from the normal and expected risks 12 inherent in the recreational activity, and that the person 13 engaging in the recreational activity was voluntarily on the 14 commercial property where the injuries or damages occurred and 15 knew or reasonably should have known that the recreational 16 activity created a substantial risk of injuries. 17 2. This section does not exempt from liability a person that 18 promotes, advertises, recommends, or charges a fee for use of 19 the commercial property for sledding, tubing, or other related 20 winter recreational activity. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill provides an exemption from tort liability arising 25 from winter recreational activities on commercial property. 26 The bill provides that a person who owns or controls 27 commercial property shall be immune from liability from any 28 claim for injury or damages based upon or arising out of claim 29 of negligence against such a person, if the person can show 30 that the injury or damages occurred from voluntary sledding, 31 tubing, or other related winter recreational activity on 32 commercial property, that the claimed injuries or damages 33 resulted from the normal and expected risks inherent in the 34 activity, and that the injured person knew or reasonably should 35 -1- LSB 2200HV (1) 89 cm/jh 1/ 2

H.F. 745 have known that the recreational activity created a substantial 1 risk of injuries. 2 A person who promotes, advertises, recommends, or charges 3 a fee for use of the property for sledding, tubing, or other 4 related winter recreational activity is not exempt from tort 5 liability under the bill. 6 -2- LSB 2200HV (1) 89 cm/jh 2/ 2