OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 355 Bill Analysis
133rd General Assembly
Click here for H.B. 355’s Fiscal Note
Version: As Passed by the House
Primary Sponsors: Reps. Wilkin and Swearingen
Effective Date:
Yosef Schiff, Attorney
SUMMARY
 Provides a qualified immunity from civil liability to camp operators for any harm to a
camper or visitor that results from a risk inherent to camping.
 Defines the type of risks that qualify as a risk inherent to camping.
 Describes the types of activities by a camp operator that do not qualify for immunity
under the bill.
 Requires camp operators to post a clearly visible sign at or near each entrance to a
campground notifying those entering that the camp operator is not liable for harm
resulting from risks inherent to camping.
DETAILED ANALYSIS
Qualified immunity for camp operators
The bill provides camp operators a qualified immunity from civil liability for any harm to
a camper or visitor that results from a risk inherent to camping. A “camp operator” is the
operator of a public or private recreational vehicle park, recreation camp, combined park-camp,
or temporary park-camp (collectively, a “campground”). Under the bill, “harm” is an injury,
death, or loss to person or property.1
Risk inherent to camping
Under the bill, a “risk inherent to camping” is a danger or condition that is an integral
part of camping, including a danger posed by features of the natural world such as plants, roots,
1 R.C. 3729.15(A) and (B).
April 22, 2020
Office of Research and Drafting LSC Legislative Budget Office
and mud, uneven or unpredictable terrain, a body of water that is not a swimming pool, and
the weather. “Risk inherent to camping” also includes:
--A lack of lighting, including at a campsite;
--Campfires;
--Wildlife not kept by or under the control of the camp operator;
--The behavior or actions of domestic animals not kept by or under the control of the
camp operator, provided the camp operator has a pet policy requiring the animal owner to
keep the pet on a leash or contained and under the pet owner’s control;
--The ordinary dangers associated with structures or equipment ordinarily used in
camping and not owned or maintained by the camp operator;
--A camper or visitor acting in a negligent manner that contributes to harm to that
camper or visitor or another camper or visitor, including failing to follow instructions given by a
camp operator or failing to exercise reasonable caution while engaging in a campground
activity.
Recreational activities that are within the camp operator’s control do not constitute a
risk inherent to camping.2
Actions by camp operator that does not qualify for immunity
While the bill does not require a camp operator to eliminate risks inherent to camping,
the bill’s immunity provisions are limited.3 The immunity provisions do not apply if (1) the camp
operator acts with a willful or wanton disregard for the safety of the camper or visitor and the
action proximately causes harm to the camper or visitor, (2) the camp operator purposefully
causes the harm, (3) the camp operator’s actions or inactions constitute criminal conduct and
cause harm, (4) the camp operator fails to post and maintain signage as required by the bill (see
“Notice requirement” below), or (5) the camp operator has actual knowledge or should
have actual knowledge of an existing dangerous condition on the land or regarding facilities or
equipment on the land that is not a risk inherent to camping and does not make the dangerous
condition known to the camper or visitor and the dangerous condition proximately causes harm
to the camper or visitor.4
Notice requirement
The bill requires camp operators to post a clearly visible sign at or near each entrance to
the campground that states the following:
2 R.C. 3729.15(A)(3).
3 R.C. 3729.15(B).
4 R.C. 3729.15(C).
P a g e |2 H.B. 355
As Passed by the House
Office of Research and Drafting LSC Legislative Budget Office
WARNING:
Under Ohio law, there is no liability for an injury
to or death of a camper or visitor to this
campground if that injury or death results from
the risk inherent to camping. Inherent risks to
camping include, but are not limited to, the risk of
injury inherent to land features, equipment,
animals, or the negligent actions of the camper or
visitor. You are assuming the risk of participating
in camping.5
HISTORY
Action Date
Introduced 10-03-19
Reported, H. Civil Justice 12-11-19
Passed House (65-31) 01-29-20
H0355-PH-133/ar
5 R.C. 3729.15(D).
P a g e |3 H.B. 355
As Passed by the House