§ 3729.15 — Qualified immunity for camp operators

Ohio § 3729.15

• Jurisdiction: Ohio
• Title 37: Health-Safety-Morals
• Ch. 3729: Recreational Vehicle Parks, Recreation Camps, Combined and Temporary Park-camps

Text

(A) As used in this section:

(1) "Camp operator" means a public or private operator of a recreational vehicle park, recreation camp, combined park-camp, or temporary park-camp.

(2) "Harm" means injury, death, or loss to person or property.

(3)(a) "Risk inherent to camping" means a danger or condition that is an integral part of camping, including a danger posed by any of the following:

(i) Features of the natural world such as trees, tree stumps, roots, brush, rocks, mud, sand, and soil;

(ii) Uneven or unpredictable terrain;

(iii) A body of water that is not operated or maintained as a swimming pool in accordance with section3749.04of the Revised Code;

(iv) A camper or visitor at the recreational vehicle park, recreation camp, combined park-camp, or temporary park-camp acting in a negligent manner;

(v) A lack of lighting, including at a campsite;

(vi) Campfires;

(vii) Weather;

(viii) Insects, birds, and other wildlife not kept by or under the control of the camp operator;

(ix) The behavior or actions of domestic animals not kept by or under the control of the camp operator, provided the camp operator has a pet policy requiring the animal owner to keep the pet on a leash or contained and under the pet owner's control;

(x) The ordinary dangers associated with structures or equipment ordinarily used in camping and not owned or maintained by the camp operator;

(xi) A camper or visitor acting in a negligent manner, including failing to follow instructions given by a camp operator or failing to exercise reasonable caution while engaging in the campground activity, that contributes to harm to that camper or visitor or another camper or visitor.

(b) "Risk inherent to camping" does not include recreational activities within the control of the camp operator.

(B) Except as provided in division (C) of this section, a camp operator shall be immune from liability in a civil action for any harm to a camper or visitor resulting from a risk inherent to camping. Nothing in this section requires a camp operator to eliminate risks inherent to camping.

(C) A camp operator shall not be immune from civil liability under division (B) of this section for harm to a camper or visitor if any of the following applies in relation to that harm:

(1) The camp operator acts with a willful or wanton disregard for the safety of the camper or visitor and the action proximately causes harm to the camper or visitor.

(2) The camp operator purposefully causes harm to the camper or visitor.

(3) The camp operator's actions or inactions constitute criminal conduct and cause harm to the camper or visitor.

(4) The camp operator fails to post and maintain signage as required by division (D) of this section.

(5) Both of the following apply:

(a) The camp operator has actual knowledge or should have actual knowledge of an existing dangerous condition on the land or regarding facilities or equipment on the land that is not a risk inherent to camping and does not make the dangerous condition known to the camper or visitor.

(b) The dangerous condition proximately causes harm to the camper or visitor.

(D) A camp operator shall post a clearly visible sign at or near each entrance to a recreational vehicle park, recreation camp, combined park-camp, or temporary park-camp that states the following:

"WARNING: Under Ohio law, there is no liability for an injury to or death of a camper or visitor to this campground if that injury or death results from the risk inherent to camping. Inherent risks to camping include, but are not limited to, the risk of injury inherent to land features, equipment, animals, or the negligent actions of the camper or visitor. You are assuming the risk of participating in camping."

Last updated March 9, 2022 at 1:06 PM

Legislative History

Effective: May 30, 2022 | Latest Legislation: House Bill 229 - 134th General Assembly