Lawmakers support bill protecting trail groomers

By Anne Saunders, Associated Press Writer | January 24, 2006

CONCORD, N.H. --When a man died in Jefferson in 2001 after his snowmobile hit a snow-grooming machine, the groomer, who was a volunteer with a local snowmobile club, was sued.

In April, the state Supreme Court found he wasn't protected by a state law that offers immunity from lawsuits to landowners, lessees and occupants who open their land to recreation.

"I think everybody panicked when they saw it," said Gail Hanson, executive director of the New Hampshire Snowmobile Association. Since the court ruling, "we have people who are very hesitant to volunteer," she said.

That led several lawmakers to propose legislation to expand the protection from lawsuits. To encourage private landowners to allow public recreation on their land, the state long has given these landowners special protection from being sued.

On Tuesday, the Senate Environment and Wildlife Committee voted unanimously to support legislation to expand that protection to anyone working for a nonprofit group to construct, maintain or improve trails for public recreation. Unless an accident was due to intentional misconduct or gross negligence, anyone working on trails would be immune from legal action.

Ironically, Hanson said the bill is not really needed since another section of state law protects volunteers of nonprofit organizations from lawsuits.

Still, she said, this will help to reassure clubs and their members who are critical to maintaining and grooming hundreds of miles of snowmobile trail all over the state.

The proposal by Rep. Eric Stohl, R-Colebrook, extends protection to any individual or corporation working for a nonprofit on trails, but it does allow for lawsuits where gross negligence or misconduct is involved, which led to support from the New Hampshire Trial Lawyers Association. Sen. Robert Flanders, who had offered similar legislation, gave his support to Stohl's bill.

The bill's supporters asked senators Tuesday to vote promptly on the bill in hopes of getting it passed by both sides of the Legislature by early February.

http://www.sledcity.com/states/colorado/news_show_story.cfm?id=724

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