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2023 SESSION

23101881D
HOUSE BILL NO. 1958
Offered January 11, 2023
Prefiled January 10, 2023
A BILL to amend the Code of Virginia by adding in Chapter 2 of Title 35.1 a section numbered 35.1-17.1, relating to campgrounds; inherent risks; liability.
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Patron-- Leftwich
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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 in Chapter 2 of Title 35.1 a section numbered 35.1-17.1 as follows:

§ 35.1-17.1. Campgrounds; inherent risks; liability.

A. As used in this section, "camping" means all activities associated with visiting, staying at, or using any area of a campground.

B. A person who goes camping at a campground shall be presumed to have known the following inherent risks of camping:

1. Features of the natural world, such as trees, tree stumps, roots, brush, rocks, sand, water, soil, stinging and biting insects and animals, other wildlife, poisonous or noxious plants, and weather;

2. Uneven or unpredictable terrain;

3. Natural bodies of water and accessories permitting access to and the use of natural bodies of water, including piers, docks, swimming areas, and aquatic or recreation facilities or areas;

4. Another individual at the campground acting in a negligent manner;

5. Lack of lighting;

6. Campfires, including campfires in a fire pit or enclosure provided by the campground or any other campfire created by a person at the campground;

7. Violation of safety rules or disregard for signs communicating warnings;

8. Actions by the individual exceeding his physical limitations or abilities that cause his injuries; and

9. Animals of other individuals or groups visiting the campground that cause injury, unless the campground has accepted responsibility for care of the animal.

C. A campground and any owner, operator, employee, or officer of the campground shall be immune from civil liability for personal injury or death or property damage that occurs while a person is camping at such campground and that resulted from the inherent risks of camping. However, a campground and any owner, operator, employee, or officer of the campground shall not be entitled to immunity from civil liability for the following acts or omissions:

1. An act intended to cause personal injury or death or property damage;

2. An act made with a willful or wanton disregard for the safety or property of others; or

3. A failure to conspicuously post warning signs of a dangerous, inconspicuous condition on the property of which the person is aware by reason of a prior injury involving the same condition.