HB 2462
An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in general provisions relating to civil actions and proceedings, providing for prohibiting agreements exempting recreational facilities from liability.
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Sign in to take action- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill prohibits recreational facilities from entering into agreements that attempt to limit their liability for injuries caused by a lack of safety equipment or trained personnel. It defines key terms like ‘recreational facility,’ ‘safety equipment,’ and ‘trained personnel’ to ensure clarity. The law aims to increase safety standards at these facilities by preventing waivers of responsibility for inadequate safety measures.
Key provisions
- Prohibits contractual agreements that limit a recreational facility's liability for injuries.
- Defines ‘recreational facility’ to include commercial recreational, athletic, and amusement attractions, such as gyms and swimming pools.
- Defines ‘safety equipment’ as items like surveillance cameras, first aid kits, and automated external defibrillators.
- Defines ‘trained personnel’ as employees trained in CPR, AED use, or certified lifeguards.
- Agreements purporting to limit liability for lack of safety equipment or trained personnel are void and unenforceable.
- The law applies to contracts entered into on or after the act’s effective date.
- The Department of Health is referenced as a source for lifeguard certifications.
Who is affected
- Recreational facilities (commercial gyms, swimming pools, amusement parks, etc.)
- Contractors and businesses entering into agreements with recreational facilities
- Individuals who use recreational facilities
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
Benjamin Sanchez
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