Legislators take steps toward making it safer to hike and bike

HARTFORD — The Connecticut General Assembly’s Joint Committee on Judiciary unanimously approved a compromise bill last week that would grant towns and special districts immunity from certain types of lawsuits resulting from injuries at recreation areas.State Sen. Andrew Roraback (R-30), a member of the committee, was an early proponent of legislation to exempt municipalities and special districts from certain personal-injury lawsuits, and he said Monday, April 18, that he was happy to approve the latest version of the bill — HB 6557: An Act Concerning Liability for the Recreational Use of Lands.“I was actually very pleased with the compromise,” Roraback said. “I think the trial lawyers understood the value to the public of having unfettered access to public land.” Trial lawyers had lobbied unsuccessfully against HB 6557, but seeing momentum in favor of the bill, agreed to the compromise legislation, which limits the scope of immunity for towns.The issue came to a head last year when a jury awarded Maribeth Blonski of Rocky Hill a $2.9 million judgment stemming from a 2002 bicycle accident at a Metropolitan District Commission (MDC) reservoir in West Hartford. Blonski successfully sued the MDC for negligence after she crashed head-first into a locked steel gate and fractured several vertebrae. The judgment remains under appeal.The magnitude of the ruling forced the MDC to reconsider its policies on allowing members of the public to use its lands for recreational purposes. Last year, the organization announced that it was considering closing its land to the public, prompting cities and towns across the state to look at their own policies regarding recreational land use.Hearing a chorus of concern, state legislators crafted at least 14 different bills with immunity clauses in them, and dozens of their colleagues signed on in support. The judicial committee had a deadline of April 15 to act on the most recent proposal, which was cosponsored by 46 different legislators and widely supported by municipal leaders and outdoor recreation enthusiasts across the state.As revised, HB 6557 grants legal immunity with regard to passive recreation areas such as hiking trails, but not to areas requiring maintenance, such as basketball courts and swimming pools. Roraback also noted the proposed legislation does not apply to any recreation area where a fee is collected for use.“I think the Legislature understands that at some point people have to be responsible for their own actions, and when you are hiking or biking there are risks,” Roraback said. “I think as a matter of public policy our choice was to ask people to assume those risks or else run the risk of denying recreational opportunities to thousands of Connecticut residents.”While getting HB 6557 out of committee and headed to the legislative floor is a huge step toward passage of the legislation, the bill still must be debated in the state House and Senate. Roraback said he doesn’t see any reason why the legislation should fail, however. “It doesn’t cost us any money. In fact, it saves us money, because insurance rates of municipalities would certainly have gone up, so there is a benefit to taxpayers.”Roraback called the legislation “a win for people who enjoy the outdoors” and an appropriate protection for municipalities. “I think this bill has a very bright future,” he said. “And I think it is going to serve our state well for a very long time.”