GREEN SHEET REDIGEST
HB 839 2015 Regular Session Miguez
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
LIABILITY/CIVIL. Provides a limitation of liability for certain facilities operated by
nonprofit youth organizations.
DIGEST
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 any of the following:
(1)Injury, loss, or damage directly resulting from the failure to follow any of 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.
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Prepared by Julie J. Baxter. 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the engrossed
bill
1. Establishes that liability of a nonprofit youth organization or provider may be
found when any one of a list of three acts or conditions occurs, rather than
requiring that all of the three acts or conditions occur before the organization may
be found liable.
2. Declares that injury, loss or damage directly resulting from the failure to follow
any one of a list of duties set forth in proposed law would subject a nonprofit
youth organization or provider to a finding of liability, rather than only if injury,
loss or damage directly resulted from the failure to follow all of those duties
listed.
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Prepared by Julie J. Baxter.