Bill Text: MI HB5862 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Torts: liability; campgrounds; provide for limited liability. Creates new act.
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: (Introduced - Dead) 2022-03-02 - Bill Electronically Reproduced 03/01/2022 [HB5862 Detail]
Download: Michigan-2021-HB5862-Introduced.html
HOUSE BILL NO. 5862
A bill to provide limited immunity from civil liability for personal injury or property damage to owners and operators of campgrounds and their employees.
the people of the state of michigan enact:
Sec. 1. This act may be cited as the "campground liability act".
(a) "Camping" means all aspects of visiting, staying at, using, and leaving a campground, including lodging of all types.
(b) "Inherent risk of camping" means a danger or condition that is part of camping, including dangers posed by any of the following:
(i) Features of the natural world, such as trees, naturally occurring infectious agents, tree stumps, roots, brush, rocks, mud, sand, standing water, and soil.
(ii) Uneven or unpredictable terrain.
(iii) Natural bodies of water and accessories permitting the use of natural bodies of water, including piers, docks, swimming and aquatic sports, or recreation facilities or areas.
(iv) Another camper or visitor at the private campground acting in a negligent manner, if the campground owner or operator or employees of the owner or operator are not involved.
(v) A lack of lighting, including lighting at campsites.
(vi) Campfires in a fire pit or enclosure provided by the campground owner or operator.
(vii) Use of playground equipment, including but not limited to a jumping pillow, slide, or water slide, or a swimming pool or swimming pool paraphernalia.
(viii) Use of an off-road vehicle, golf cart, or other electric or motorized vehicle.
(ix) Use of fireworks from a camper, visitor, or person off-site if the use is not authorized by the campground owner or operator.
(x) Weather.
(xi) Insects, birds, and other wildlife.
(xii) Violation of safety rules or disregard for signs communicating warnings.
(xiii) Actions by the camper or visitor that exceed the camper or visitor's physical limitations or abilities.
(xiv) Animals of other campers or visitors that cause injury, unless the campground owner or operator has accepted responsibility for care of the animal.
(c) "Person" means an individual, partnership, corporation, association, or other legal entity.
(d) "Private campground" means a facility that provides sites on which recreational vehicles, camping units, and tents may be placed for seasonal and transient occupancy, and that is owned by a private property owner.
(e) "Willful or wanton disregard" means an intentional or reckless disregard.
Sec. 3. (1) Except as provided in subsection (2), an owner or operator of a private campground and any employees or officers of the owner or operator of a private campground are immune from civil liability for acts or omissions related to camping at the private campground if an individual is injured or killed, or property is damaged, as a result of an inherent risk of camping.
(2) The immunity provided under subsection (1) does not apply if the person seeking immunity does any of the following:
(a) Intentionally causes the injury, death, or property damage.
(b) Acts with a willful or wanton disregard for the safety of the individual or the property damaged.
(c) Fails to conspicuously post warning signs of a dangerous inconspicuous condition known to the person on the property that the person owns, leases, rents, or is otherwise in lawful control or possession of, if the person is aware of the condition because of a prior injury involving the same location or the same mechanism of injury.
(3) An owner or operator of a private campground shall post a sign at all registration areas specifying the risks inherent in the use of the campground. The sign must contain but is not limited to the following language:
All persons using this campground are advised that pursuant to Michigan law, the owner or operator of this campground is not liable for injury to, or the death of, a user resulting from risks inherent to camping. Risks inherent to camping and the use of this campground include but are not limited to:
(a) Features of the natural world, such as trees, naturally occurring infectious agents, tree stumps, brush, rocks, mud, sand, standing water, and soil.
(b) Uneven or unpredictable terrain.
(c) Natural bodies of water and accessories permitting the use of natural bodies of water, including piers, docks, swimming and aquatic sports, or recreation facilities or areas.
(d) Another camper or visitor at the campground acting in a negligent manner, if the campground owner or operator or employees of the owner or operator are not involved.
(e) A lack of lighting, including lighting at campsites.
(f) Campfires in a firepit or enclosure provided by the campground owner or operator.
(g) Use of playground equipment, including jumping pillows, slides, or water slides, or swimming pools or swimming pool paraphernalia.
(h) Use of off-road vehicles, golf carts, or other electric or motorized vehicles.
(i) Use of fireworks by a camper, visitor, or person off-site if the use is not authorized by the campground owner or operator.
(j) Weather.
(k) Insects, birds, and other wildlife.
(l) Violation of safety rules or disregard for signs communicating warnings.
(m) Actions by the camper or visitors that exceed the camper or visitor's physical limitations or abilities.
(n) Animals of other campers or visitors that cause injury unless the campground owner or operator has accepted responsibility for care of the animal.
