1. Manager, coach, umpire or referee and nonprofit association negligence standard. (a) General rule.-- Except as provided otherwise in this section, no person who, without compensation
Pennsylvania Consolidated Statutes
Section: 83321
Jurisdiction: PA
Bluebook Citation: 42 Pa. Cons. Stat. § 83321
§ 8332.1. Manager, coach, umpire or referee and nonprofit association negligence standard. (a) General rule.-- Except as provided otherwise in this section, no person who, without compensation
and as a volunteer, renders services as a manager, coach, instructor, umpire or referee
or who, without compensation and as a volunteer, assists a manager, coach, instructor,
umpire or referee in a sports program of a nonprofit association, and no nonprofit
association, or any officer or employee thereof, conducting or sponsoring a sports
program, shall be liable to any person for any civil damages as a result of any acts
or omissions in rendering such services or in conducting or sponsoring such sports
program, unless the conduct of such person or nonprofit association falls substantially
below the standards generally practiced and accepted in like circumstances by similar
persons or similar nonprofit associations rendering such services or conducting or
sponsoring such sports programs, and unless it is shown that such person or nonprofit
association did an act or omitted the doing of an act which such person or nonprofit
association was under a recognized duty to another to do, knowing or having reason
to know that such act or omission created a substantial risk of actual harm to the
person or property of another. It shall be insufficient to impose liability to establish
only that the conduct of such person or nonprofit association fell below ordinary
standards of care. (b) Exceptions.-- (1) Nothing in this section shall be construed as affecting or modifying the liability
of such person or nonprofit association for any of the following: (i) Acts or omissions relating to the transportation of participants in a sports program
or others to or from a game, event or practice. (ii) Acts or omissions relating to the care and maintenance of real estate unrelated to
the practice or playing areas which such persons or nonprofit associations own, possess
or control. (2) Nothing in this section shall be construed as affecting or modifying any existing
legal basis for determining the liability, or any defense thereto, of any person not
covered by the standard of negligence established by this section. (c) Assumption of risk or contributory fault.-- Nothing in this section shall be construed as affecting or modifying the doctrine
of assumption of risk or contributory fault on the part of the participant. (d) Definitions.-- As used in this section the following words and phrases shall have the meanings given
to them in this subsection: "Compensation." The term shall not include reimbursement for reasonable expenses actually incurred
or to be incurred or, solely in the case of umpires or referees, a modest honorarium. "Nonprofit association." An entity which is organized as a nonprofit corporation or nonprofit unincorporated
association under the laws of this Commonwealth or the United States or any entity
which is authorized to do business in this Commonwealth as a nonprofit corporation
or unincorporated association under the laws of this Commonwealth, including, but
not limited to, youth or athletic associations, volunteer fire, ambulance, religious,
charitable, fraternal, veterans, civic, county fair or agricultural associations,
or any separately chartered auxiliary of the foregoing, if organized and operated
on a nonprofit basis. "Sports program." Baseball (including softball), football, basketball, soccer and any other competitive
sport formally recognized as a sport by the United States Olympic Committee as specified
by and under the jurisdiction of the Amateur Sports Act of 1978 (Public Law 95-606,
36 U.S.C. § 371 et seq.), the Amateur Athletic Union or the National Collegiate Athletic
Association. The term shall be limited to a program or that portion of a program that
is organized for recreational purposes and whose activities are substantially for
such purposes and which is primarily for participants who are 18 years of age or younger
or whose 19th birthday occurs during the year of participation or the competitive
season, whichever is longer. There shall, however, be no age limitation for programs
operated for the physically handicapped or mentally retarded. (May 12, 1986, P.L.183, No.57, eff. imd.) 1986 Amendment. Act 57 added section 8332.1. Cross References. Section 8332.1 is referred to in section 3124.3 of Title 18 (Crimes and Offenses).
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