Broad Support for Getting Recreational Liability Right

Yesterday’s public hearing in the Judiciary Committee on HB 6557 showed broad-based support from outdoor enthusiasts, cite, towns, and water companies for getting Connecticut’s recreational liability house in order. 

The next step is for the Judiciary Committee to determine whether the bill should be taken up by the full General Assembly.  If it does, the committee votes to give the bill a “joint favorable” (JF) report.

HB 6557, AN ACT CONCERNING LIABILITY FOR THE RECREATIONAL USE OF LANDS, would ensure that municipalities, political subdivisions of the state and special districts are entitled to immunity under the Recreational Land Use Act, and clarify the definition of "land" and "recreational purpose" under the act.

The 1996 decision in Conway v. Wilton created the anomaly that left the state and private land owners with limited liability protection when they offer free access to their recreational lands and take reasonable precautions to keep those recreational areas safe, but took those protections away from municipalities, political subdivisions of the state and special districts.

Calls to clarify the recreational liability statutes began in earnest last May after the MDC was held liable to the tune of a $2.9 million verdict for competitive cyclist Maribeth Blonski’s unfortunate but avoidable collision with a large yellow gate at the West Hartford Reservoir that was closed for most of 30 years. The accident occurred while Blonski was out of control and racing a friend back to the parking lot at twilight. With exposure to liability of that magnitude, municipalities are forced to seriously consider closing public places to recreation.

Public testimony on HB 6557 is available here and below, from the following organizations and individuals:

Testimony on HB 6557
Amy Blaymore Paterson, Executive Director, Connecticut Land Conservation Council	Andrew May
Barbara Donahue	Bart Russell, Executive Director, Connecticut Council of Small Towns
Beth Bryan Critton	Brendan Mahoney
Charles Beristain	Christopher Zurcher, Editor and Publisher, Environmental Headlines
Connecticut Association of Conservation and Inland Wetlands Commissions, Inc.	Connecticut Conference of Municipalities
Connecticut Fund for the Environment	David Kozak
Edward J. Soper, Administrator, Manchester Water Department	Elizabeth Gara, Connecticuct Water Works Association
Eric Hammerling, Executive Director, Connecticut Forest & Park Association	Frank Chiaramonte, First Selectman, Town of Harwinton
Geoffrey L. Meissner, Director of the Connecticut Forest and Park Association	Georgette Yaindl, Executive Director, Bike Walk Connecticut
Insurance Association of Connecticut	Janet P. Brooks
Jean-Ellen M. Trapani	Karen Durlach, Chairperson, Thompson Trails Committee
Kathy Connolly	Margaret Miner, Executive Director, Rivers Alliance fo Connecticut
Martin Mador, Legislative Chair, Sierra Club-Connecticut Chapter	Mary A. Glassman, First Selectman, Town of Simsbury
Mary Ann Drayton-Rogers, First Selectman, Town of Oxford	New England Moutain Bike Association
R. Bruce Donald, President, Farmington Valley Trails Coalition, Inc.	Representative Bill Wadsworth
Representative Gail Lavielle	Rick Tillotson
Robert A. Izard	Sally Rieger
Sidney F. Van Zandt, Groton Open Space Association	Sierra Club, compilation of 6 residents testimony
Sierra Club, Connecticut Chapter, 123 residents testimony	Starr Sayres, Vice President of Connecticut Forest & Park Association
Susan Masino, Chair, Safe Routes to School Committee	Terri Peters
Tessa Bondi, Outreach Specialist, Recreational Equipment, Inc.	The City of Middletown Water Department
The Connecticut Bicycle and Pedestrian Advisory Board	The Metropolitan District
Tim Linehan	Tom Crider, President of Southbury Land Trust
Town of Westbrook, Conservation Commission	Will Manzer, CEO, Eastern Mountain Sports
Windham Region Council of Governments