Limitation of liability for transportation of senior citizens by volunteer

(a) As used in this Code section, the term: (1) ‘‘Charitable organization’’ means any charitable unit of a religious or civic group, including those supported wholly or partially by private donations. (2) ‘‘Human service agency’’ means any human service unit, clinic, senior citizens program, congregate meal center, or day-care center for the elderly, whether supported wholly or partially from public funds. (3) ‘‘Volunteer transportation’’ means motor vehicle transportation provided by an individual under the direction, sponsorship, or supervision of a human service agency or a charitable organization. A volunteer may receive reimbursement for actual expenses or an allowance to defray expenses of operating the vehicle used to provide transportation services but shall not receive compensation for his or her time. (b) Any person who provides volunteer transportation for senior citizens shall not be liable for any civil damages for any injury to such senior citizens arising out of or resulting from such transportation if such person was acting in good faith within the scope of his or her official actions and duties and unless the conduct of such person amounts to willful and wanton misconduct. (Code 1981, § 51-1-42, enacted by Ga. L. 1991, p. 1585, § 1.) 217 51-1-43 51-1-43. ‘‘Roller Skating Safety Act of 1993.’’ (a) This Code section shall be known and may be cited as the ‘‘Roller Skating Safety Act of 1993.’’ (b) As used in this Code section, the term: (1) ‘‘Operator’’ means a person or entity who owns or controls or who has operational responsibility for a roller skating center. (2) ‘‘Roller skater’’ means a person wearing roller skates while that person is in a roller skating center for the purpose of roller skating. (3) ‘‘Roller skating center’’ means a building, facility, or premises which provides an area specifically designed to be used for roller skating by the public. (4) ‘‘Spectator’’ means a person who is present in a roller skating center only for the purpose of observing skating activity, whether recreational or competitive. (c) Each operator of a roller skating center shall be required to: (1) Post the duties of roller skaters and spectators as prescribed in this Code section in conspicuous places; (2) Comply with the safety standards ordinarily accepted in the roller skating rink industry; (3) Maintain roller skating equipment and roller skating surfaces according to the safety standards cited in paragraph (2) of this subsection; and (4) Maintain the stability and legibility of all required signs, symbols, and posted notices. (d) While in a roller skating center, each roller skater shall do all of the following: (1) Maintain reasonable control of his or her speed and course at all times; (2) Read all posted signs and warnings; (3) Maintain a proper lookout to avoid other roller skaters and objects; (4) Accept the responsibility for knowing the range of his or her own ability to negotiate the intended direction of travel while on roller skates and to skate within the limits of that ability; and (5) Refrain from acting in a manner which may cause injury to others. 218 51-1-44 (e) Each person who participates in roller skating in a roller skating center accepts the risks that are inherent in that activity insofar as the risks are obvious and necessary. (f ) A roller skater, spectator, or operator who violates the provisions of this Code section shall be liable in a civil action for damages for that portion of the loss or damage resulting from the violation. (g) Nothing in this Code section shall be construed to relieve an operator from exercising ordinary diligence in his or her operational responsibility. (Code 1981, § 51-1-43, enacted by Ga. L. 1993, p. 719, § 1.)