BILL ANALYSIS
AB 700
Date of Hearing: April 19, 1995
ASSEMBLY COMMITTEE ON JUDICIARY
Phillip Isenberg, Chair
AB 700 (Cunneen) - As Amended: March 30, 1995
KEY ISSUE: Should the list of hazardous recreational activities
on public property be expanded to include "mountain bicycling" and
"paragliding"?
BACKGROUND
History. In 1983, in AB 555 (Campbell), the Legislature enacted a
qualified immunity for public entities from lawsuits filed by
persons injured when participating in a hazardous recreational
activity. The public park districts and local governments
supporting the bill argued that the bill was necessary to stem an
increasing number of personal injury and property damage claims
resulting from recreational activities on public land. They
maintained that, absent such protection, cumulative lawsuits would
discourage public entities from keeping their natural recreational
settings open to hikers, riders, and campers.
Facts. Since enactment of the "hazardous recreational activity"
provision in 1983, mountain bicycling has evolved as a distinct
sporting activity. In the Midpeninsula Regional Open Space
District in 1993, accidents involving mountain bicycles were 65%
of total accidents; in 1994, they were 76% of total accidents.
Paragliding is a sport similar to hang gliding, except that the
rider descends on a parachute instead of a glider. Paragliding is
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considered a class-3 form of hang gliding.
DIGEST
Existing law. Government Code Section 831.7 defines "hazardous
recreational activity" as recreational activity conducted on
public property which creates a substantial risk of injury to a
participant or a spectator. It deems to be hazardous a whole list
of specific recreational activities -- from "animal riding" to
"wind surfing".
This bill would add "mountain bicycling" and "paragliding" to the
list of hazardous recreational activities.
FISCAL EFFECT
This bill will not be heard in the Assembly Appropriations
Committee.
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COMMENTS
1) Sponsor's Statement. The Midpeninsula Regional Open Space
District operates 23 open space preserves, with over 200 miles
of trails available for mountain biking. Over the past few
years, the number of accidents involving mountain bikers has
increased markedly. There were 44 in 1993 and 47 in 1994; of
those, 71 were classified as moderate or serious, including
life-threatening. Ninety percent of the accidents required
emergency response and 10% required helicopter evacuation.
2) Though the list of hazardous activities in existing law is
nonexclusive, the sponsors maintain that the fact that a
specific activity is listed lends weight to a public entity's
defense that a claimant injured in a specific activity is
engaged in "hazardous recreational activity."
3) The current provision lists "bicycle racing", but the sponsors
believe that mountain bicycling is different since it takes
place off of paved roads and pathways.
The County of Santa Clara, which supports this bill, states:
"Due to the speed of [mountain] bicycles on rough terrain, the
regularity and increasing incidence of solo-bicycle accidents
(the majority requiring emergency response and medical
evacuation), and the desire by many riders to achieve a high
speed on very steep trails, this is an inherently dangerous
activity."
4) "Hang gliding" and "sport parachuting" are currently listed
among the activities deemed to be hazardous. The District
maintains that "paragliding" is distinct from those
activities. The District has allowed park users to paraglide
by permit over the past year and, though there has only been
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one accident to date, it believes the accident rate will
inevitably increase as more individuals engage in paragliding.
5) The Consumer Attorneys Of California (CAOC) has an "oppose
unless amended" position. They ask that "mountain biking" be
deleted from the list of hazardous activities, arguing that
mountain biking is a family activity which includes children.
SUPPORT OPPOSITION
Association for California Tort ReformConsumer Attorneys Of
California
California Business Properties Association
County of Santa Clara
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