VA. Passes Bill Limiting DZ Liability

[Gravitymaster 0]

From USPA website.

http://www.uspa.org/news/current_news/BILL584.HTM

HOUSE BILL NO. 584
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on February 13, 2004)
(Patron Prior to Substitute--Delegate Janis)
A BILL to amend the Code of Virginia by adding a section numbered 8.01-226.8, relating to immunity for skydiving operators and professionals.
Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 8.01-226.8 as follows:

§ 8.01-226.8. Liability limited; liability actions prohibited.

A. Except as provided in subsection C, (i) a skydiving activity sponsor or a skydiving professional shall not be liable for an injury to or death of a participant resulting from the inherent dangers of skydiving activities and, (ii) no participant nor any participant's parent, guardian, or representative shall have or make any claim against or recover from any skydiving activity sponsor or skydiving professional for injury, loss, damage, or death of the participant resulting from any of the inherent dangers of skydiving activities.

B. Except as provided in subsection C, no participant who has knowingly agreed to assume all inherent dangers specifically enumerated in subsection D may maintain an action against or recover from a skydiving activity sponsor or a skydiving professional for an injury to or the death of a participant engaged in a skydiving activity. The waiver shall give notice to the participant of the inherent dangers of skydiving activities. The waiver shall remain valid unless expressly revoked in writing by the participant.

C. No provision of this section shall prevent or limit the liability of a skydiving activity sponsor or skydiving professional who: (i) intentionally injures the participant; (ii) commits an act or omission that constitutes negligence for the safety of the participant and such act or omission caused the injury; or (iii) knowingly provides faulty equipment and such equipment was faulty to the extent that it did cause the injury or death of the participant.

D. As used in this section, unless the context requires a different meaning:

"Engages in a skydiving activity" means (i) any person, whether amateur or professional, who trains, assists, equips, guides, and instructs anyone with the intent to skydive; (ii) any pilot or flight crew member or ground crew member of an aircraft engaged in skydiving activity, or any passenger aboard an aircraft engaged in skydiving activity; (iii) any person visiting, touring or utilizing a skydiving facility as part of an event or activity; or (iv) any person who assists a participant or skydiving activity sponsor or management in a skydiving activity. The term "engages in a skydiving activity" does not include being a spectator at a skydiving activity.

"Inherent dangers of skydiving activities" means those dangers or conditions that are an integral part of skydiving activities, including but not limited to, (i) certain hazards such as surface conditions; (ii) collisions with other natural or manmade obstacles; (iii) the potential of a participant acting in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the parachute or not acting within the participant's ability unless so directed by a skydiving professional; and (iv) the contingent and unpredictable nature of near ground weather conditions.

"Parachute" means a non-motorized device used, or intended to be used, for descent to the ground from an aircraft in flight.

"Participant" means any person, whether amateur or professional, who engages in a skydiving activity, whether or not a fee is paid to participate in the skydiving activity.

"Skydiving activity" means (i) the descent of one or more persons to the ground from an aircraft in flight when a parachute is intended to be used during all or part of that descent; (ii) skydiving training or teaching activities; and (iii) packing, closing, rigging, and inspecting, or evaluating parachute equipment belonging to another whether or not the owner has received some monetary consideration or other thing of value for the use of the equipment or is permitting a prospective purchaser of the equipment to use, inspect, or evaluate the equipment.

"Skydiving activity sponsor" means any person or his agent who, for profit or not for profit sponsors, organizes, or provides the facilities for skydiving activity, including but not limited to clubs, skydiving schools, school- and college-sponsored classes and programs, and operators, instructors, and promoters of skydiving facilities, including but not limited to locations, fields, airports, and airfields at which the activity is held.

"Skydiving professional" means a person or his agent engaged for compensation in (i) instructing a participant or renting to a participant parachute equipment for the purpose of skydiving or learning to skydive or (ii) renting equipment to a participant.

[ACMESkydiver 0]

Um, gosh...that's new? I thought that already was in place...

~Jaye
Do not believe that possibly you can escape the reward of your action.

[masher 1]

I don't know about the US, but in Oz, waivers really mean nothing at all. Putting it into law makes everything much easier.

Now, in order to sue people have to show that someone:
(i) intentionally injures the participant; (ii) commits an act or omission that constitutes negligence for the safety of the participant and such act or omission caused the injury; or (iii) knowingly provides faulty equipment and such equipment was faulty to the extent that it did cause the injury or death of the participant.

which is much harder.

--
Arching is overrated - Marlies

[Gravitymaster 0]

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I don't know about the US, but in Oz, waivers really mean nothing at all. Putting it into law makes everything much easier.

Now, in order to sue people have to show that someone:
(i) intentionally injures the participant; (ii) commits an act or omission that constitutes negligence for the safety of the participant and such act or omission caused the injury; or (iii) knowingly provides faulty equipment and such equipment was faulty to the extent that it did cause the injury or death of the participant.

which is much harder.

It also will help alleviate the incredible cost a DZ or Instructor would have to spend just to defend themselves. I'm also guessing it would apply to a rigger.

[tonyhays 86]

Interesting....know of any other states that are doing, or have already, done this?

“That which can be asserted without evidence, can be dismissed without evidence.”

[Gravitymaster 0]

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Interesting....know of any other states that are doing, or have already, done this?

No I don't, but we can hope this will serve as a model for interested parties in other States to lobby for the passage of a similar Bill.

[diverdriver 5]

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(ii) commits an act or omission that constitutes negligence for the safety of the participant and such act or omission caused the injury; or (iii) knowingly provides faulty equipment and such equipment was faulty to the extent that it did cause the injury or death of the participant.

Houston, we have a problem. I'm no lawyer. But I sure do see the loophole they will go for now. Sheeesh. Wasn't it just easier to defend the waiver in court rather than write this? There was presedence already in other courts.

So I take off and the cheap DZO doesn't have a wind guage and the winds pick up while climbing to altitude. No one calls me to tell me the winds have picked up since takeoff. Jumper jumps and lands behind obstacle which causes rotor and collapses the canopy. I'm sued because I OMITTED telling the jumper the winds kicked up. That's great.

I guess only time will tell if this was "good law or bad law" (my old Aviation Law professor/ suthin drawl).

Chris Schindler
www.diverdriver.com
ATP/D-19012
FB #4125

[diverdriver 5]

Can we get a Greenie to move this to General Skydiving Discussion so it isn't lost in TB?

[turtlespeed 212]

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Can we get a Greenie to move this to General Skydiving Discussion so it isn't lost in TB?

Why don't you just copy and post a new one.

I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama
BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun

[Gravitymaster 0]

I'm not a lawyer either, but It seems to me this puts an initial layer of protection from a lawsuit because the claimant would first have to establish negligence. If the caimant was able to establish this fact, wouldn't the waiver then become a second layer of defense? It would be great if we could get an opinion from some of the attorneys here. Lawrocket?????

[panzwami 0]

Yeah baby, the legislative process in action!

Being a registered voter and skydiver in the great Commonwealth of Virginia, I felt it my civic duty to contact my delegate and voice my opinion on the matter. I sought to change the state for the better, and I was successful!

(although my delegate voted against the bill......ASSHAT)

Matt
-----

[diverdriver 5]

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I'm not a lawyer either, but It seems to me this puts an initial layer of protection from a lawsuit because the claimant would first have to establish negligence. If the caimant was able to establish this fact, wouldn't the waiver then become a second layer of defense? It would be great if we could get an opinion from some of the attorneys here. Lawrocket?????

You know, it doesn't take much to prove negligence in aviation. I've seen plenty of case law. Cessna designs a pilot seat that works just fine. But because some joker doesn't check to make sure it's secure before takeoff he rolls all the way back on the tracks and doesn't release pressure on the yoke and keep flying the plane. He just pitches up, stalls, and crashes killing himself. Cessna is sued and pays millions. They then have to retrofit an extra latch so the seat can only slide so far back if you're an idiot and don't check it's secure before takeoff. Great personal responsibility!

I fear that the way this law is written they have opened themselves up to MORE lawsuits not protected themselves from one. Again, only time will tell and I hope the courts uphold the SPIRIT of the law. I really do.

Chris Schindler
www.diverdriver.com
ATP/D-19012
FB #4125

[JohnRich 4]

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Interesting....know of any other states that are doing, or have already, done this?

This is something we need more of.

I've seen notices of such laws posted at horse-riding locations in Colorado, for example. Those kinds of businesses can be sued out of existence from nuisance lawsuits from customers getting hurt. They need legal protection from that, and people need to understand the basic dangers with such things, and accept the fact that they may get hurt, even though no one did anything negligent.

[wildcard451 0]

Yeah, same here. Although it turns out my delegate was the chief sponsor and the guy that had the bill drafted.

• Quote

[slug 1]

Does the law prevent one skydiver from sueing another skydiver?

R.I.P.

[Jib 0]

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VA. Passes Bill Limiting DZ Liability

I'm not sure I read it that way, but then again, I'm not a lawyer in Virginia.

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the depth of his depravity sickens me.
-- Jerry Falwell, People v. Larry Flynt