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CO HB1089

Bill

Status

Failed

3/24/2021

Primary Sponsor

Matt Soper

Click for details

Origin

House of Representatives

2021 Regular Session

AI Summary

HB21-1089: Wakeboard Park Safety and Liability Act

  • Establishes the "Wakeboard Park Safety and Liability Act" to define legal rights and responsibilities of wakeboard park operators and wakeboarders in Colorado.

  • Requires operators to maintain equipment and conditions for safe use, post visible boundary markings and warning signs readable under ordinary visibility conditions, and place specific warning notices on tickets and at park entrances.

  • Wakeboarders assume all risk of injuries resulting from inherent dangers of wakeboarding including changing weather, water conditions, collisions with objects, and failure to wakeboard within their abilities; cannot recover from operators for such injuries.

  • Limits operator liability for wakeboarder injuries to $1 million (or $250,000 for derivative claims and noneconomic damages), with exceptions only when a court finds application would be unfair due to lost earnings and medical costs exceeding the cap.

  • Allows wakeboarders to sue other wakeboarders for collisions and injuries; establishes a 2-year statute of limitations for actions against operators; makes leaving a collision scene without providing identification a Class 2 petty offense with fines up to $1,000.

Legislative Description

Assumption Of Risk Liability At Wakeboard Parks

Courts & Judicial

Last Action

House Committee on Judiciary Postpone Indefinitely

3/24/2021

Committee Referrals

Judiciary2/16/2021

Full Bill Text

No bill text available