PRINTER'S NO. 2699
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1941
Session of
2019
INTRODUCED BY HEFFLEY, BERNSTINE, EMRICK, MILLARD AND MASSER,
OCTOBER 15, 2019
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 15, 2019
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in general provisions
relating to civil actions and proceedings, further providing
for comparative negligence.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7102(b.3) and (d) of Title 42 of the
Pennsylvania Consolidated Statutes are amended to read:
ยง 7102. Comparative negligence.
* * *
(b.3) [Off-road vehicle riding] Sporting and recreational
activities.--
(1) [Off-road vehicle riding area operators] Operators
and providers of sporting and recreational activities shall
have no duty to protect [riders] participants from common,
frequent, expected and nonnegligent risks inherent to the
activity[, including collisions with riders or objects].
(2) The doctrine of knowing voluntary assumption of risk
shall apply to all actions to recover damages for negligence
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resulting in death or injury to person or property brought
against any [off-road vehicle riding area] operator or
provider of sporting and recreational activities.
(3) Nothing in this subsection shall be construed in any
way to abolish or modify a cause of action against a
potentially responsible party other than an [off-road vehicle
riding area] operator or provider of sporting and
recreational activities.
* * *
(d) Definitions.--As used in this section the following
words and phrases shall have the meanings given to them in this
subsection:
"Defendant or defendants." Includes impleaded defendants.
["Off-road vehicle." A motorized vehicle that is used off-
road for sport or recreation. The term includes snowmobiles,
all-terrain vehicles, motorcycles and four-wheel drive vehicles.
"Off-road vehicle riding area." Any area or facility
providing recreational activities for off-road vehicles.
"Off-road vehicle riding area operator." A person or
organization owning or having operational responsibility for any
off-road vehicle riding area. The term includes:
(1) Agencies and political subdivisions of this
Commonwealth.
(2) Authorities created by political subdivisions.
(3) Private companies.]
"Plaintiff." Includes counter claimants and cross-claimants.
"Sporting and recreational activities." The term shall
include, but not be limited to, baseball, soccer, football,
paintball, whitewater rafting, canoeing, swimming, kayaking,
mountain biking, hunting, fishing, off-road riding and other
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similar activities.
Section 2. This act shall take effect in 60 days.
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