Bill Text: MI HB4231 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Torts; liability; waiver of claims of liability in connection with children's athletic and recreational activities; allow parent to sign. Amends 1998 PA 386 (MCL 700.1101 - 700.8206) by adding sec. 5109.
Spectrum: Moderate Partisan Bill (Republican 11-2)
Status: (Passed) 2011-06-22 - Assigned Pa 61'11 With Immediate Effect [HB4231 Detail]
Download: Michigan-2011-HB4231-Engrossed.html
HB-4231, As Passed House, March 16, 2011
HOUSE BILL No. 4231
February 10, 2011, Introduced by Reps. Walsh, Oakes, Agema, Price, Heise, Lyons, Pscholka, Zorn, Franz, Kowall, Horn, Lund and Meadows and referred to the Committee on Judiciary.
A bill to amend 1998 PA 386, entitled
"Estates and protected individuals code,"
(MCL 700.1101 to 700.8206) by adding section 5109.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5109. (1) Before a minor participates in recreational
activity, a parent or guardian of the minor may release a person
from liability for economic or noneconomic damages for personal
injury sustained by the minor during the specific recreational
activity for which the release is provided.
(2) This section only applies to a recreational activity
sponsored or organized by a nongovernmental, nonprofit
organization.
(3) Either or both of the following may be released from
liability under this section:
House Bill No. 4231 as amended March 15, 2011
(a) The sponsor or organizer of the recreational activity.
(b) An individual who [is paid or] volunteers to coach or assists
in
conducting the recreational activity.
(4) A release under this section only releases the sponsor,
organizer, owner, lessee, or other person released from liability
for injury or death that results solely from the inherent risks of
the recreational activity. A release under this section does not
limit the liability of the sponsor, organizer, owner, lessee, or
other person released for the sponsor's, organizer's, owner's,
lessee's, or other person's own negligence or the negligence of its
employees or agents that causes or contributes to the injury or
death.
(5) A release under this section shall be in writing.
(6) This section does not restrict the limitation of liability
afforded by section 73301 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.73301, or 1964
PA 170, MCL 691.1401 to 691.1419.
(7) As used in this section, "recreational activity" means
active participation in a recreational sport.
