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2004 SESSION

043527348
HOUSE BILL NO. 584
Offered January 14, 2004
Prefiled January 13, 2004
A BILL to amend the Code of Virginia by adding a section numbered 8.01-226.8, relating to immunity for skydive operators and professionals.
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Patrons-- Janis and Bell
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 8.01-226.8 as follows:

§ 8.01-226.8. Limited liability arising from skydive activities.

A. A skydive operator or skydive professional shall do all of the following with respect to a skydive operation:

1. Provide each participant with a written warning notice set forth in subsection F;

2. Provide appropriately trained staff and instructors for participants;

3. Maintain parachute equipment in proper and reasonably safe condition;

4. Maintain aircraft in good mechanical condition;

5. Provide a landing area that is of reasonable size and is clear of hazards; and

6. Use reasonable care in supervising skydive participants.

B. A skydive operator or skydive professional is not liable for an injury to or the death of a participant.

C. A participant or participant's representative may not (i) make a claim against; (ii) maintain an action against; or (iii) recover from a skydive operator or skydive professional for injury, loss, damage or death of the participant resulting from an inherent risk of skydive activities.

D. Skydive participants are considered to have knowledge of and assume the risks of skydiving. For purposes of this section, risks of skydiving include the following:

1. Injuries that result from contact with the ground or with objects on the ground or contact with aircraft or incidental contact with other skydive participants;

2. Injuries that result from improper use of equipment or improper actions;

3. Injuries that result from the nonperformance of equipment or the unanticipated performance of the equipment; and

4. Injuries that are not otherwise attributable to a skydive operator's or skydive professional's breach of the operator's duties under subsection A.

E. If there is a written contract, this section does not apply unless the written contract entered into by a skydive operator or skydive professional for (i) the providing of professional services; (ii) the providing of instruction; or (iii) the rental of parachute equipment or an aircraft to a participant contains in clearly readable print the warning notice set forth in subsection F of this section. The warning notice required by this subsection must be included in a written contract described in this subsection whether or not the contract involves skydiving activities on or off the location or site of the skydive operator's or skydive professional's business.

F. The warning notice required by subsection A and included in a written contract under subsection E shall read as follows:

WARNING:

UNDER VIRGINIA LAW, A SKYDIVE OPERATOR OR SKYDIVE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO, OR THE DEATH OF, A PARTICIPANT IN SKYDIVE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF SKYDIVE ACTIVITIES.