8332.1 - Manager, coach, umpire or referee and nonprofit association negligence standard.

     § 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.