Recreational Liability Releases: SB 2440 (2010)

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Provided that a business will not be held harmless when there


Provided that a business will not be held harmless when there is gross negligence and required the businesses to show they acted with “due care” to avoid an accident. However, the legislation also took into account the rights of children to have access to these activities and the ability of a parent to make decisions in the best interest of their child and understood that there is some inherent risk when children participate in activities like riding ATVs, scuba diving and even playing sports. Provided that should a lawsuit be filed against an activity provider, the plaintiff will have a higher burden of proof and they will be prohibited from bringing a failure to warn claim.

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More Work Remains on Tort Reform

This letter-to-the-editor was originally published by The Herald-Dispatch in Huntington, WV. West Virginia was a mainstay on the American Tort Reform Foundation’s “Judicial Hellholes®” list for nearly 20 years, finally […]