Committee weeks for the upcoming 2023 Legislative Session are now in full swing. The Florida RV Parks and Campground Association has filed language to protect Florida’s campgrounds from frivolous litigation.
The proposed legislation provides immunity from civil liability to owners, operators and employees of private campgrounds when an injury or death occurs as a result of an inherent risk of camping. This includes:
- Trees, tree stumps, roots, brush, rocks, mud, sand, soil;
- Uneven terrain;
- Bodies of water;
- Weather;
- Lack of lighting at a campsite;
- Campfires;
- Other campers;
- Wildlife, ect.
Immunity from liability would not apply if the person seeking immunity intentionally caused the injury, acts with willful or wanton disregard for safety, or fails to warn of dangerous inconspicuous conditions known to them. If a court determines that an injury resulted from an inherent risk of camping in a civil action, the campground would be awarded attorney fees and cost of defense.
In the proposed legislation, campgrounds would have to post a disclaimer sign at registration areas, specifying risks inherent in the use of the campground.
Without this legislation, campgrounds could be fiscally impacted defending frivolous claims through litigation, or settling claims to avoid litigation.
The Legislative Session begins on Tuesday March 7th and concludes on Friday May 5th, 2023.
Thanks to everyone who contributed to the PAC. These efforts will help protect the RV Industry and ensure that policymakers are in tune with our needs as they move matters forward in Tallahassee.