HF 745 (LSB 2200HV (1) 89)

HOUSE FILE 745

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HF 273)

A BILL FOR

An Act providing for an exemption from tort liability arising from winter recreational activities on commercial property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  675.1  Injuries arising from winter recreational activities on commercial property —— liability.
   1.  A person that owns or controls commercial property shall be liable only to the extent liability may be imposed by an express statute dealing with such claims and, in the absence of such express statute, a person that owns or controls commercial property shall be immune from liability on any claim for injury or damages based upon or arising out of claim of negligence against such a person who can show that the injury or damages occurred on the commercial property from sledding, tubing, or other related winter recreational activity, that the claimed injuries or damages resulted from the normal and expected risks inherent in the recreational activity, and that the person engaging in the recreational activity was voluntarily on the commercial property where the injuries or damages occurred and knew or reasonably should have known that the recreational activity created a substantial risk of injuries.
   2.  This section does not exempt from liability a person that promotes, advertises, recommends, or charges a fee for use of the commercial property for sledding, tubing, or other related winter recreational activity.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides an exemption from tort liability arising from winter recreational activities on commercial property.
   The bill provides that a person who owns or controls commercial property shall be immune from liability from any claim for injury or damages based upon or arising out of claim of negligence against such a person, if the person can show that the injury or damages occurred from voluntary sledding, tubing, or other related winter recreational activity on commercial property, that the claimed injuries or damages resulted from the normal and expected risks inherent in the activity, and that the injured person knew or reasonably should have known that the recreational activity created a substantial risk of injuries.
   A person who promotes, advertises, recommends, or charges a fee for use of the property for sledding, tubing, or other related winter recreational activity is not exempt from tort liability under the bill.