MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary A
By: Representatives Barker (By Request), Monsour
AN ACT TO PROVIDE A LIMITATION ON LIABILITY IN SPORT OR RECREATIONAL OPPORTUNITIES; TO PROVIDE EXCEPTIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) A person who participates in any sport or recreational opportunity assumes the inherent risks in that sport or recreational opportunity, whether those risks are known or unknown, and is legally responsible for all injury or death to the person and for all damage to the person's property that results from the inherent risks in that sport or recreational opportunity.
(2) A provider is not required to eliminate, alter, or control the inherent risks within the particular sport or recreational opportunity that is provided.
(3) This section does not preclude an action based on the negligence of the provider if the injury, death, or damage is not the result of an inherent risk of the sport or recreational opportunity.
(4) This section does not apply to a cause of action based on the design, manufacture, provision, or maintenance of sports or recreational equipment or products or safety equipment used incidental to or required by the sport or recreational activity.
SECTION 2. This act shall take effect and be in force from and after July 1, 2011.