03/26/2024
Please share any contact House delegates
Bill SB- 452 is being proposed by trial lawyers to make negligence clauses unenforceable in waivers by amusement companies such as watersports.
I am the owner of Paradise Watersports in Ocean City. My goal is to share my love for the water with any customer who comes to the business. My greatest responsibility is the safety of our customers.
Watersports provide a meaningful way to make a living for many of the employees and is a huge source of revenue for the state. An increase in trial lawyers will reduce my company's ability to maintain insurance and survive. My small business of 30 employees also provides a living for many contractors such as boat mechanics.
The bill will have many negative effects on Maryland's boat rental companies
- Insurance companies provide language in waivers the businesses must give customers
- Failure to provide insurance company waivers results in being uninsurable
- Watersports will lose access to insurance companies as they will flea the state
- Limited providers will drive the price of insurance higher than what is already not affordable
- All insurance providers could decide to not insure the State of Maryland
Maryland has been fortunate to have safe and responsible parasail operators. The effects of SB 452 on parasailing could be much more severe.
- Parasail insurance providers are limited to just 2 highly rated providers for the 2024 year
- Change in language could result in nonrenewals
- Very likely this will leave parasail operators without insurance
- Claims have been paid for negligent business operations. Most claims I am aware of have been settled without proof of negligence to avoid courtrooms altogether.
Committee Chair and Co Chair
https://mgaleg.maryland.gov/mgawebsite/Members/Details/bartlett02?ys=2024rs
Delegate J. Sandy Bartlett [email protected]
https://mgaleg.maryland.gov/mgawebsite/Members/Details/clippinger
Delegate Luke Clippinger [email protected]
SB452/HB0162
This bill establishes that any provision in a contract or agreement relating to the use of a “recreational facility” that purports to limit the recreational facility’s liability or release the recreational facility from, or indemnify or hold harmless the recreational facility against, liability for injury caused by or resulting from the negligence or other wrongful act of the recreational facility or its agents or employees is against public policy and is void and unenforceable. Under the bill, a “recreational facility” is a commercial recreational facility, a commercial athletic facility, or an amusement attraction. While gymnasiums and swimming pools are specifically included as recreational facilities under the bill, a unit of State or local government that leases land or facilities to a recreational facility is specifically excluded from the definition of a “recreational facility.” The bill’s provisions may not be interpreted to affect, extend, or limit the liability of a governmental entity for a tort or other claim subject to the Maryland Tort Claims Act (MTCA – Title 12, Subtitle 1 of the State Government Article) or the Local Government Tort Claims Act (LGTCA – Title 5, Subtitle 3 of the Courts and Judicial Proceedings Article).
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https://www.paradise-watersports.com/
Experience the thrill of parasailing and jet skiing at Paradise Watersports - the ultimate Ocean City destination for adrenaline seekers!
