Posted: | January 14, 2019 03:41 PM |
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From: | Representative Doyle Heffley |
To: | All House members |
Subject: | Inherent Risk in Sporting and Recreational Activities |
Every year thousands of Pennsylvania residents take part in sporting and recreational activities such as whitewater rafting, skiing, kayaking, and paintball, and every year a significant number of non-residents visit our Commonwealth to take part in these and similar activities. Not only are these activities healthy and enjoyable ways to spend leisure time with friends and family, they are also vital to our local economies. This is particularly true as most commercial providers of such activities are small businesses. However, it is a fact of life that anything worth doing comes with some degree of risk and unfortunately, sometimes the risks inherent in an activity are realized. We rightly expect providers of recreational opportunities to protect us against risks they can control or eliminate, but who could reasonably expect them to protect against a risk that they cannot control, and which cannot be reasonably eliminated? In the near future, I will introduce legislation to make it clear that providers of sporting and recreational activities have no duty to protect against risks that are inherent in the activity, and which they cannot reasonably control. My legislation will not affect a cause of action for negligence or product liability, or for damages arising from risks that are not inherent to the particular activity. Please join me in sponsoring this legislation to protect our small businesses and our ability to enjoy the many recreational opportunities that Pennsylvania has to offer. |
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Introduced as HB1941