An Act Concerning Liability For Injuries Inherent In Camping While At A Private Campground.
Impact
The bill, if enacted, would significantly amend the way liability is handled in the context of recreational use of private campgrounds. By officially assigning the risk of inherent camping hazards to the campers themselves, owners of such facilities would find themselves with greater protection against lawsuits. However, this does not completely shield them from liability; the legislation retains accountability for negligent actions or failure to provide adequate warnings of dangers. This careful balance aims to foster a trading environment that supports both campground autonomy and camper safety.
Summary
House Bill 05256 is a legislative measure aimed at clarifying liability for injuries that occur during camping activities at private campgrounds. The bill establishes that campers assume the risk for any injuries arising from inherent hazards associated with camping. This legal framework is designed to protect campground owners from liability for injuries that cannot be directly attributed to negligence or intentional misconduct on their part, thus encouraging the operation and use of private camping grounds across the state.
Sentiment
The sentiment surrounding HB 05256 appears to be cautiously optimistic among supporters in the camping and outdoor recreation communities. Advocates argue that the bill strikes a fair balance between protecting the interests of campground operators while ensuring that campers are aware of the risks they take when engaging in outdoor activities. However, some critics have expressed concern that the bill may lead to complacency regarding safety standards, potentially placing campers at greater risk without adequate safeguards against negligent practices.
Contention
Key points of contention include the potential for the bill to undermine accountability for campground owners, who may not take necessary precautions, relying instead on the assumption that campers will assume their own risk. Critics argue that clearer guidelines and standards for safety would better serve the public interest. Additionally, there are concerns about the effectiveness of the mandated warning notices, as merely providing information may not be sufficient to prevent accidents or ensure camper safety in hazardous conditions.
State government; defining terms; authorizing certain assignment of claims to the Attorney General; scope of authority; limitations; public interest standard; emergency.
State government; State Parks Emergency Maintenance Act; annual reporting; State Parks Emergency Maintenance Revolving Fund; effective date; emergency.
AN ACT to amend Tennessee Code Annotated, Title 29; Title 55; Title 62, Chapter 7; Title 66; Title 68, Chapter 110 and Title 68, Chapter 14, relative to recreational camper sites.