Bill Description: House Bill 81 would clarify that recreation clubs and their members are not liable for the risks inherent in recreation activities.
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House Bill 81 would create Section 36-1605, Idaho Code, to clarify that recreation clubs and their members are not liable for the risks inherent in recreation activities.
The bill defines a recreation club as an unincorporated association or nonprofit corporation that "has among its purposes the coordination, facilitation, organization, participation, promotion, or support of recreation activities." The bill includes a long and non-exhaustive list of recreation activities and says they must be allowed "without charge or fee payable to the recreation club or a club member" but it allows for "membership dues in, and donations to, a recreation club."
The bill says that with exceptions, "a recreation club and a club member shall not be liable for any injury to or the death of a participant engaged in a recreation activity, and no participant nor participant's representative or survivor may maintain an action against or recover from a recreation club or a club member for any injury to or the death of a participant engaged in a recreation activity."
The bill lists numerous exceptions by which a club or club member could be liable. These include the club providing faulty equipment, negligence, willful and wanton disregard for the safety of others, and the intentional infliction of harm.
The bill clarifies that "a recreation club and a club member has no duty to eliminate, alter, control, or lessen the risks inherent with recreation activities" and "a participant who takes part in a recreation activity assumes all risks inherent in that activity."
This is just common sense and previous generations didn't need statutes to spell out things of this nature. It's unfortunate that laws like this are now needed so people can participate in recreational activities without risking ruinous lawsuits.
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