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2008 SESSION
080601680Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Title 3.1 a chapter numbered 27.8, consisting of sections numbered 3.1-796.140 through 3.1-796.142, as follows:
§ 3.1-796.140. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Engages in a trail activity" means (i) any person who rides, handles, drives, teaches a person how to ride or drive, or is a passenger upon an all-terrain vehicle or off-road motorcycle, as those terms are defined in § 46.2-100, on any trails; (ii) any person who participates in a trail activity; (iii) any person visiting, touring, or utilizing any trail facility as part of an event or activity; and (iv) any person who assists a participant or trail activity sponsor or management in a trail activity.
The term "engages in a trail activity" does not include being a spectator at a trail activity, except in cases where the spectator places himself in an unauthorized area and in immediate proximity to a trail activity.
"Intrinsic dangers of trail activities" means those dangers or conditions that are an integral part of trail activities, including but not limited to, (i) the propensity of all-terrain vehicles or off-road motorcycles to function in such a way that may result in injury, harm, or death to persons on or around them; (ii) the unpredictability of an all-terrain vehicle or off-road motorcycle on uneven ground or severe and erratic undulation; (iii) certain hazards such as surface and subsurface conditions; (iv) collisions with other all-terrain vehicles or off-road motorcycles and other foreign objects; and (v) the potential of a participant acting in a negligent manner that may contribute to a injury to the participant or others, such as failing to maintain control over the all-terrain vehicle or off-road motorcycle or not acting within the participant's ability.
"Trail" means any private path or route that is marked or prepared but that is not paved.
"Trail activity" means (i) competitions, performances, shows, races, or rides of all-terrain vehicles or off-road motorcycles; (ii) all-terrain vehicle or off-road motorcycle teaching or instructing activities; (iii) inspecting, evaluating, and garaging all-terrain vehicles or off-road motorcycles on the trail property; (iv) rides, races, or competitions of all-terrain vehicles or off-road motorcycles or other trail activities however informal or impromptu that are sponsored by a trail activity sponsor; and (v) providing vehicle maintenance of any all-terrain vehicles or off-road motorcycles while on the trail property.
"Trail activity sponsor" means any person or his agent who sponsors, organizes, or provides the facilities for a trail activity or promoters of any race, ride, or competition of all-terrain vehicles or off-road motorcycles on a trail.
"Trail professional" means any person or his agent engaged for compensation in instructing a participant or renting to a participant an all-terrain vehicle or off-road motorcycle, or the accompanying equipment for operating an all-terrain vehicle or off-road motorcycle, for the purpose of riding or driving the same on a trail.
"Participant" means any person, whether amateur or professional, who engages in a trail activity, whether or not a fee is paid to participate in the trail activity.
§ 3.1-796.141. Liability limited; liability actions prohibited.
A. Except as provided in § 3.1-796.142, a trail activity sponsor, a trail professional, or any other person, which shall include a corporation, partnership, or limited liability company, shall not be liable for an injury to or death of a participant resulting from the intrinsic dangers of trail activities and, except as provided in § 3.1-796.142, no participant nor any participant's parent, guardian, or representative shall have or make any claim against or recover from any trail activity sponsor, trail professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the intrinsic dangers of trail activities.
B. Except as provided in § 3.1-796.142, no participant or parent or guardian of a participant who has knowingly executed a waiver of his rights to sue or agrees to assume all risks specifically enumerated under this subsection may maintain an action against or recover from a trail activity sponsor or a trail professional for an injury to or the death of a participant engaged in a trail activity. The waiver shall give notice to the participant of the intrinsic dangers of trail activities. The waiver shall remain valid unless expressly revoked in writing by the participant or parent or guardian of a minor.
§ 3.1-796.142. Liability of trail activity sponsors, trail professionals.
No provision of this chapter shall prevent or limit the liability of a trail activity sponsor or trail professional or any other person who:
1. Intentionally injures the participant;
2. Commits an act or omission that constitutes negligence for the safety of the participant and such act or omission caused the injury, unless such participant, parent, or guardian has expressly assumed the risk causing the injury in accordance with subsection B of § 3.1-796.141; or
3. Knowingly provides faulty equipment and such equipment was faulty to the extent that it did cause the injury or death of the participant.