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.