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Senate advances trail immunity language amid questions on negligence limits
Summary
Sen. Butters’ bill to provide municipalities limited immunity for recreational trails prompted debate over whether the measure would waive liability for ordinary or gross negligence; sponsor said legal counsel added clarifying language and will report back before third reading; first substitute passed for third reading.
Senate Bill 98, introduced by Sen. Butters, would extend certain governmental immunity protections to municipalities for users of public trails, a response lawmakers said was prompted by recent litigation that could prompt cities to remove trails.
Butters framed the bill as a response to local concerns after a South Jordan lawsuit: ‘‘Someone's running along one of their trails. They fell down and broke something… The cities are so upset…
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