New Tn law protects land owners

*HB 2109 by *Floyd, Favors, Evans, Campfield. (SB 2102 by *Watson, Burks.)

Tort Liability and Reform - As introduced, limits the civil liability of persons who own, lease, occupy, or control land when others use such land to engage in certain off-road activities and are injured due to the inherent risks associated with engaging in such activities. - Amends TCA Title 70, Chapter 7.

Fiscal Summary

MINIMAL

Bill Summary

This bill specifies that a person who owns, leases, occupies or controls land would not be held liable for an injury to or the death of any individual resulting from the inherent risk of using motorcycles, all-terrain vehicles, sport utility vehicles or dune buggies for off-road activities on the land (hereinafter referred to as "such a vehicle" or "the vehicle"). This bill prohibits any individual who uses such a vehicle or the individual's representative from filing suit or recovering damages from any person who owns, leases, occupies or controls land for any injury, loss, damage, or death of the user resulting from any of the inherent risks of using such a vehicle, except as described below.

This bill would not prevent or limit the liability of a person who owns, leases, occupies or controls land if the person:

(1) Provided the vehicle and knew or should have known that the equipment was faulty, to the extent that it caused the injury;
(2) Provided the equipment and failed to make reasonable and prudent efforts to determine the ability of the user to engage safely in the off-road activity and determine the ability of the user to safely manage the equipment based on the user's representations of his or her ability;
(3) Committed an act or omission constituting gross negligence or willful or wanton disregard for the safety of the user, and that act or omission caused the injury; or
(4) Intentionally injured the user.

ON MAY 21, 2009, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2109, AS AMENDED.

AMENDMENT #1 rewrites this bill. Under present law, the provisions governing a landowner's liability to persons using the landowner's land specify that the provisions do not limit the liability that otherwise exists for:
(1) Gross negligence, willful or wanton conduct that results in a failure to guard or warn against a dangerous condition, use, structure or activity; or
(2) Injury caused by acts of persons to whom permission to hunt, fish, trap, camp, hike, sightsee, cave, or any other legal purpose was granted, to third persons or to persons to whom the person granting permission, or the landowner, lessee, occupant, or any person in control of the land or premises, owed a duty to keep the land or premises safe or to warn of danger.

This amendment adds that the provision described above in (1) does not impose liability for failure to guard or warn a trespasser against a dangerous condition created by forces of nature, unless such failure resulted from intentional conduct.

ON JUNE 3, 2009, THE SENATE SUBSTITUTED HOUSE BILL 2109 FOR SENATE BILL 2102, ADOPTED AMENDMENT #2, AND PASSED HOUSE BILL 2109, AS AMENDED.

AMENDMENT #2 revises the provision of House Amendment #1 whereby liability is not imposed for failure to guard or warn a trespasser against a dangerous condition created by forces of nature, unless such failure resulted from intentional conduct, so that under this amendment liability would not be imposed in such circumstances "unless the landowner had actual knowledge of the dangerous condition and intentionally failed to warn a known trespasser of the condition".

ON JUNE 16, 2009, THE HOUSE NON-CONCURRED IN SENATE AMENDMENT #2.

ON JUNE 17, 2009, THE SENATE REFUSED TO RECEDE FROM ITS ADOPTION OF SENATE AMENDMENT #2.

ON JUNE 18, 2009, THE HOUSE REFUSED TO RECEDE FROM ITS NON-CONCURRENCE IN SENATE AMENDMENT #2 AND APPOINTED A CONFERENCE COMMITTEE.

ON JUNE 18, 2009, THE SENATE APPOINTED A CONFERENCE COMMITTEE.

ON JUNE 18, 2009, THE HOUSE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE HOUSE.