H. B. 2825
(By Delegates Doyle, Manuel, Douglas
and Amores)
[Introduced March 12, 2001; referred to the
Committee on the Judiciary.]
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 providing that members of a national ski
patrol system who, in good faith, render emergency care while
performing ski patrol are not liable for civil damages.
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 in good faith.
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, whether at 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 as the result of being on ski patrol to a place for transfer
to an available emergency medical center or hospital 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: Provided, That for the 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.
NOTE: The purpose of this section is to provide that members
of ski patrol who, in good faith, render emergency care are not
liable for civil damages.
This section is new; therefore, strike-throughs and
underscoring have been omitted.