Big tent party: Senate, House bills shield private campgrounds from liability claims

New bills from Republicans would urge people to camp at their own risk, shielding private campgrounds from liability claims.

SB 1054 and HB 1323, filed by Sen. Alexis Calatayud of Miami and Rep. Dean Black of Jacksonville, would put the kibosh on claims against KOA and other non-public facilities.

The legislation shifts the burden responsibility to campers rather than the grounds on which they recreate, offering “civil liability protection for private campground owners and specified employees of private campgrounds for injury, death, or property damage resulting from the inherent risk of camping.”

Insects, “unpredictable terrain,” tree stumps, mud, a lack of lighting, an infestation of insects, weather, and other such variants would not be considered the responsibility of the campground, given that a reasonable person would presume those risks are part of the natural world.

Unnatural risks, including other people’s pets, outsiders malingering on the campgrounds, and fireworks, likewise would not be the responsibility of the campground operator.

Similarly, the campground operator would be held harmless if a patron was injured or killed on site, unless that operator intentionally committed the act or demonstrated “willful or wanton disregard” for the safety of the victim.

The Senate bill has already been referred to committees. It is set for hearings in Judiciary, Regulated Industries, and Rules. Meanwhile, Black’s House companion was filed Wednesday.

This legislation continues something of a mini-trend of bills shielding recreation operators from liability claims in cases that stop short of gross negligence.

Central Florida Republican Rep. Susan Plasencia on Friday filed HB 1129, legislation that would memorialize the state’s position that skaters are operating at their own risk, and that skating rinks and the people who own and manage them are not to blame. That so-called “Roller Skating Rink Safety Act” contemplates a new section of Florida statute, “Roller Skating Rink Safety.”

The roller skating and campground liability limitation bills are all carried by first-term Republican legislators.