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House Judiciary panel advances Brennan bill to void liability waivers at recreational facilities
Summary
The committee voted to report House Bill 2462, sponsored by Representative Brennan, which would make contract clauses void that limit a recreational facility’s liability for injuries tied to missing safety equipment or trained personnel. Supporters said the measure protects consumers from adhesion contracts; critics warned of costs for small parks and litigation risks.
Representative Brennan urged the committee to pass House Bill 2462 to prevent large recreational operators from using contract language to avoid basic safety obligations. "These waivers are a tool, but they shouldn't be used to avoid basic safety standards," Brennan said, describing a constituent's death she linked to a lack of lifesaving equipment and arguing the bill creates incentives for reasonable safety measures.
The bill, described by committee counsel as voiding contract provisions that limit a facility's liability for injuries caused by the facility’s failure to have safety equipment or trained personnel, applies to contracts entered after the bill’s effective date and would take effect in 60 days. Counsel told the committee the measure does not itself impose specific new duties but bars contractual terms that would negate reasonable safety measures.
Supporters framed the bill as consumer protection and fairness in bargaining. Representative Bonner said indemnification clauses reflect unequal bargaining power and called the bill a step toward modernizing responsibility: "Every party should bear their responsibility for legal culpability in accord with their percentage of negligence," he said.
Some members questioned the bill’s practical effects. Representative Ledbetter asked whether commercial but low‑cost operators such as Knoebels would be forced into higher operating costs, noting the park often admits patrons for free and asking whether required safety steps would be affordable. Chairman Kaufman raised constitutional and litigation concerns, saying Pennsylvania’s “very litigious climate” and longstanding contract law principles give him pause and that he planned to vote no on the bill in committee.
After discussion, the committee recorded the roll call and reported House Bill 2462 as committed by recorded vote.
