Immunity for Everyone, Safety for No One: Senate Version of Zipline Bill Puts Customers At Risk
Charleston, W.Va. – The West Virginia Association for Justice today criticized the West Virginia State Senate for weakening the Commercial Zipline Safety Act (HB 2532) by substituting the Senate’s version (SB 499) which immunizes zipline operators from liability—even when customers are seriously injured or killed.
“Under the Senate version of the bill, the participant assumes total responsibility for knowing his or her capacity to ride the zipline. If I’ve never ridden a zipline or had any experience with one, how can I know what my capacity is? The operator must bear some responsibility to ensure that every participant is able to ride and will be safe,” said Michael Romano, president of the West Virginia Association for Justice.
“Unlike many other recreational activities, a zipline customer has to put his or her complete trust in the zipline company—the customer is not in control. It’s no different than getting on an elevator or riding a roller coaster. The owner has a responsibility to ensure that you are safe.”
“What is even more outrageous is that the operator gets total immunity because they are relieved of the duty to exercise ordinary care to protect the customer from injury. Under the Senate bill, it’s the customer who assumes responsibility for injuries—even when caused by weather conditions as well as rocks, trees and other debris in the zipline path. If bad weather makes riding the line dangerous, the operator shouldn’t have it open. If the zipline is attached to trees, the operator has a responsibility to ensure that the path is clear. Under the Senate version, the operators can be held liable only if it’s proven that they acted willfully or recklessly.
Romano also criticized the lack of any state regulation and inspection, which was also stripped by the Senate version.
“Under the Senate’s bill, there is no regulation or inspection by a state government agency to ensure safety of ziplines being operated in the state. The West Virginia Department of Labor is required to inspect merry-go-rounds and inflatable bouncers for children, yet there would be no state inspection for a recreational activity where participants can travel at high speeds, more than 20 – 30 feet off the ground with limited control. It’s ludicrous,” said Romano.
Romano also noted that the Senate version requires just one annual inspection by a professional inspector, with no subsequent required inspections following wind or ice storms, which could affect the safety of the line, or following serious injury or death of a participant.
“If a participant is seriously injured or killed, no one else should be allowed to ride the zipline until an inspection shows that it was not caused by unsafe conditions that could harm others. It’s basic common sense.”
WVAJ called on the Legislature to adopt the House version of the bill. “The state has a responsibility to both its residents and tourists to ensure that these ziplines and other recreational activities are operated safely. You do that by adopting strict regulatory controls that ensure that customers will be safe when they ride the ziplines—not by providing total immunity for operators whose negligence results in serious injuries or deaths.
WVAJ AFFINITY PARTNERS
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