DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 839 Reengrossed 2015 Regular Session Miguez
Abstract: Provides a limitation of liability to nonprofit youth organizations which operate youth
adventure centers for adventure, educational, or recreational activities.
Proposed law provides for legislative findings relative to the inherent risks in various adventure,
educational, or recreational activities sponsored by certain nonprofit youth organizations.
Proposed law defines "adventure, educational, or recreation activities", "Atchafalaya Basin",
"nonprofit youth organization", "participant", "person", "provider", and "youth adventure center".
Proposed law establishes the duties of every nonprofit youth organization or provider as follows:
(1)Make reasonable and prudent efforts to determine the ability of a participant to safely engage
in the activity.
(2)Make known to any participant any dangerous traits or characteristics or any physical
impairments or conditions related to a particular activity.
(3)Make known to any participant any dangerous condition as to land or facilities under the
lawful possession and control of the nonprofit youth organization or provider.
(4)Assure that each participant has or is provided all properly inspected equipment.
(5)Prepare and present to each participant or prospective participant, for the participant's
inspection and signature, a statement which clearly and concisely explains the liability
limitations, restrictions, and responsibilities, and require the acknowledgment of the
participant's parent or legal guardian.
(6)Make reasonable efforts to provide supervision of participants while engaged in activities.
Proposed law establishes the duties of each participant as follows:
(1)Acknowledge that the adventure, educational, or recreational activities are hazardous to
participants.
(2)Expressly acknowledge the risk of and legal responsibility for any injury, loss, or damage to
person or property.
(3)Have the sole individual responsibility for knowing the range of the participant's own ability
to participate in a particular adventure, educational, or recreational activity.
(4)Remain in the area or facility where the adventure, educational, or recreational activity took
place in the event of an accident causing injury.
(5)Require the acknowledgment of the participant's parent or legal guardian. Proposed law establishes liability for all of the following:
(1)Injury, loss, or damage directly resulting from the failure to follow the duties set forth in
proposed law.
(2)Acts or omissions which constitute gross negligence or willful and wanton conduct which
is the direct cause of injury to a participant.
(3)An intentional act by an agent or employee of the nonprofit youth organization or provider
which is the direct cause of injury or damages to a participant.
Proposed law requires every nonprofit youth organization and any provider for such nonprofit youth
organization to carry liability insurance in limits of no less than $1,000,000, per person, $3,000,000
per occurrence, and $50,000 for property damage.
Proposed law provides that a nonprofit youth organization, its employees, or agents shall not be
responsible for any loss or damages in excess or in addition to the limits of liability insurance
coverage required by proposed law, and further provides that failure to carry such insurance shall
prevent the nonprofit youth organization or provider from relying on the limitations of liability
provided by proposed law.
(Adds R.S. 9:2795.6)
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Add requirement that a parent or guardian also acknowledge the participant's duties.