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Committee Substitute House Bill 2825 History

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COMMITTEE SUBSTITUTE

FOR

H. B. 2825

(By Delegates Doyle, Manuel, Douglas and Amores)


(Originating in the Committee on the Judiciary)


[April 3, 2001]


A BILL to amend article seven, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section sixteen, relating to immunity from civil liability for members of a national ski patrol system under certain circumstances; and defining terms.

Be it enacted by the Legislature of West Virginia:
That article seven, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section sixteen, to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.

§55-7-16. Immunity from liability for ski patrol rendering emergency care.

(a) A member in good standing of a national ski patrol system who, without compensation, provides emergency aid or assistance to an injured or ill person a
t the scene of a ski resort rescue operation, outdoor emergency rescue operation or while otherwise performing ski patrol or while transporting an injured or ill person to a place for transfer to an available emergency medical center or hospital as the result of being on ski patrol may not be held liable for civil damages for any alleged act or omission which is claimed to have occurred during the rendering of the emergency aid or assistance. The limitation of liability established by the provisions of this section shall not apply to acts or omissions constituting gross negligence.
(b) For the purposes of this section, a national ski patrol system is a national organization whose members are volunteers and do not receive compensation
and are required to obtain training in safety and emergency medical treatment.
(c) For purposes of this section, the term "compensation"
does not include access to a recreational facility, complimentary lift tickets, food, lodging or other gifts or discounts that may be offered or accessible to a person.
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