RÉSUMÉ DIGEST
ACT 437 (HB 839) 2015 Regular Session Miguez
New law provides for legislative findings relative to the inherent risks in various adventure,
educational, or recreational activities sponsored by certain nonprofit youth organizations.
New law defines "adventure, educational, or recreation activities", "Atchafalaya Basin",
"nonprofit youth organization", "participant", "person", "provider", and "youth adventure
center".
New 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.
New 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.
New 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 new 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.
New 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.
New law provides that a nonprofit youth organization, its employees, or agents shall not be
responsible for any loss or damages in excess of or in addition to the limits of liability
insurance coverage required by new 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 new law.
Effective August 1, 2015.
(Adds R.S. 9:2795.6)