TITLE 16

Health and Safety

Safety

CHAPTER 68. EXEMPTIONS FROM CIVIL LIABILITY

Subchapter V. Nonprofit Sports Liability Limitation Act


As used in this subchapter:

(1) The term "compensation" does not include:

a. Any gift; or

b. Any reimbursement for any reasonable expense, incurred for the benefit of a nonprofit sports program.

(2) The term "member of the qualified staff " means any person who:

a. Is a manager, coach, umpire or referee;

b. An assistant to a manager, coach, umpire or referee; or

c. Prepares any playing field for any practice session or any formal game.

d. An officer or ride leader of a formally organized bicycle club.

(3) The term "negligent act or omission" shall be defined in accordance with applicable State law, except that such meaning shall not include any reckless act or omission nor any grossly negligent act or omission.

(4) The term "nonprofit sports program" means any program (whether or not it is registered with or recognized by the State or any political subdivision of the State):

a. That is in a competitive sport formally recognized as a sport, on the date the cause of action to which this subchapter applies arises, by the Amateur Athletic Union or the National Collegiate Athletic Association, or is a formally organized noncompetitive recreational bicycle club whether recognized by the Amateur Athletic Union or the National Collegiate Athletic Association or not; and

b. That is organized for recreational purposes and whose activities are substantially for such purposes; and

c. No part of whose net earnings inures to the benefit of any private person.

65 Del. Laws, c. 258, § 1; 68 Del. Laws, c. 360, §§ 1, 2.;

(a) Uncompensated qualified staff. — Any person who renders services without compensation as a member of the qualified staff of a nonprofit sports program shall not be liable under the laws of this State for civil damages resulting from any negligent act or omission of such qualified member occurring in the performance of any duty of such qualified member to the extent that said damages exceed either existing liability insurance coverage applicable to the negligent act or omission or the minimum liability insurance coverage required by law if no coverage applicable to the negligent act or omission exists.

(b) Sponsors and operators. — Any person who sponsors or operates a nonprofit sports program shall not be liable under the laws of this State for civil damages resulting from any negligent act or omission of any person who renders services without compensation as a member of the qualified staff of a nonprofit sports program and occurring in the performance of any duty of such qualified member to the extent that said damages exceed either liability insurance coverage applicable to the negligent act or omission or minimum liability insurance coverage required by law if no coverage applicable to the negligent act or omission exists.

65 Del. Laws, c. 258, § 1.;

This subchapter shall apply to any cause of action arising after April 21, 1986.

65 Del. Laws, c. 258, § 1.;