First Regular Session

Sixty-first General Assembly

LLS NO. 97­0627.01 DFH HOUSE BILL 97­1290

STATE OF COLORADO

BY REPRESENTATIVES Gordon and McPherson.

BUSINESS AFFAIRS & LABOR

A BILL FOR AN ACT

CONCERNING WAIVERS OF LIABILITY FOR WRONGFUL CONDUCT.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Makes waivers of liability void against public policy with respect to injuries or death to a minor caused by or resulting from negligence. Provides that a waiver of liability in which the signer acknowledges that he or she or the minor child assumes the risks ordinary to or inherent in the activity is valid. Requires waivers of liability to contain a notice regarding the requirements of the act. Defines "minor child" as a person under the age of 18.

States that the act shall not apply to waivers of liability intended to exempt a nonprofit organization from liability. Provides that the act shall not alter the statutory limitations on liability for the risks inherent in equine and llama activities and the limitations on liability specified in the "Colorado Baseball Spectator Safety Act of 1993" and the "Ski Safety Act of 1979".

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Part 1 of article 21 of title 13, Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:

13­21­121.  Waivers of liability with respect to children void and unenforceable ­ legislative declaration. (1)  THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT IN ORDER TO HELP CREATE INCENTIVES FOR PERSONS TO BE RESPONSIBLE FOR THEIR OWN BEHAVIOR AND ACCOUNTABLE FOR INJURIES OR DEATH CAUSED BY THEIR NEGLIGENT CONDUCT, WAIVERS OF LIABILITY WITH RESPECT TO INJURIES TO OR DEATHS OF MINOR CHILDREN ARE VOID AS AGAINST PUBLIC POLICY, AS PROVIDED IN THIS SECTION.

(2)  A WAIVER OF LIABILITY WITH RESPECT TO INJURIES TO OR DEATH OF A MINOR CHILD IS VOID AS AGAINST PUBLIC POLICY IF IT:

(a)  IS IN CONNECTION WITH OR COLLATERAL TO THE PROVISION OF SERVICES OR EQUIPMENT OR THE ABILITY TO PARTICIPATE IN AN ACTIVITY PURSUANT TO WHICH THE PARTY REQUESTING THE WAIVER RECEIVES OR HAS AN EXPECTATION OF RECEIVING A FEE OR OTHER COMPENSATION; AND

(b)  EXEMPTS SUCH PARTY FROM LIABILITY FOR DAMAGES CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF THE PARTY OR THE PARTY'S AGENTS; EXCEPT THAT A WAIVER OF LIABILITY IN WHICH THE SIGNER ACKNOWLEDGES THAT HE OR SHE OR THE MINOR CHILD ASSUMES THE RISKS ORDINARY TO OR INHERENT IN THE PARTICULAR ACTIVITY IN WHICH THE SIGNER OR MINOR CHILD IS ENGAGING IS VALID.

(3)  FOR PURPOSES OF THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a)  "MINOR CHILD" MEANS A PERSON UNDER THE AGE OF EIGHTEEN YEARS.

(b)  "NONPROFIT ORGANIZATION" HAS THE SAME MEANING AS IN SECTION 13­21­115.7 (1) (b).

(c)  "WAIVER OF LIABILITY" MEANS ANY WRITTEN COVENANT, AGREEMENT, UNDERSTANDING, CONTRACT, TICKET OF ADMISSION, OR SIMILAR WRITING THAT REQUIRES THE SIGNER OR THE PARENT OR LEGAL GUARDIAN OF A MINOR CHILD TO WAIVE THE RIGHT TO RECOVER DAMAGES FOR NEGLIGENT CONDUCT.

(4)  THIS SECTION DOES NOT APPLY TO A WAIVER OF LIABILITY INTENDED TO EXEMPT A NONPROFIT ORGANIZATION FROM LIABILITY.

(5)  ANY WAIVER OF LIABILITY USED IN THIS STATE SHALL INCLUDE THE FOLLOWING STATEMENT:

"BY LAW IN COLORADO FOR A CHILD UNDER THE AGE OF EIGHTEEN YEARS, THIS WAIVER SHALL APPLY ONLY TO RISKS ORDINARY TO OR INHERENT IN THE PARTICULAR ACTIVITY IN WHICH THE CHILD IS ENGAGING AND SHALL NOT APPLY TO INJURIES OR DEATH CAUSED BY THE NEGLIGENCE OF THE PERSON REQUIRING THE WAIVER."

(6)  THIS SECTION SHALL NOT ALTER THE LIMITATIONS ON LIABILITY PROVIDED FOR THE ACTIVITIES SPECIFIED IN SECTION 13­21­119 OR 13­21­120 OR ARTICLE 44 OF TITLE 33, C.R.S.

SECTION 2.  Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.