A. The operator of an excursion train shall be liable for personal injury orwrongful death arising from the operation of such excursion train, includingoperations, maintenance and signalization of the tracks and facilities uponwhich the excursion train operates.
B. Any county, city, or town may by resolution determine that the provisionof excursion train services within the locality promotes tourism and furthersother public purposes. Upon request of such locality, by resolution, anyrailroad company that authorizes the operator of an excursion train to useits tracks and facilities for the purposes of this article shall not beliable for personal injury or wrongful death arising from the operation ofsuch excursion train, including operations, maintenance, and signalization ofthe tracks and facilities upon which the excursion train operates.
C. The limitation of liability under subsection B does not apply if:
1. The injury or damages result from intentional misconduct, malice, or grossnegligence of the railroad company; or
2. The operator of the excursion train was not operating in accordance withthe definition of an excursion train under this chapter and the railroadcompany had otherwise authorized the operations that were inconsistent withthis chapter.
D. Each passenger on the excursion train shall be deemed to have accepted andconsented to the limitation of liability under this section. This agreementshall be governed by the laws of the Commonwealth as the place of performancenotwithstanding any choice of law rules to the contrary.
E. The railroad company may charge reasonable amounts to the operator of theexcursion train for the use of its tracks and facilities as determined byagreement between the railroad company and the operator.
A. The operator of an excursion train shall be liable for personal injury orwrongful death arising from the operation of such excursion train, includingoperations, maintenance and signalization of the tracks and facilities uponwhich the excursion train operates.
B. Any county, city, or town may by resolution determine that the provisionof excursion train services within the locality promotes tourism and furthersother public purposes. Upon request of such locality, by resolution, anyrailroad company that authorizes the operator of an excursion train to useits tracks and facilities for the purposes of this article shall not beliable for personal injury or wrongful death arising from the operation ofsuch excursion train, including operations, maintenance, and signalization ofthe tracks and facilities upon which the excursion train operates.
C. The limitation of liability under subsection B does not apply if:
1. The injury or damages result from intentional misconduct, malice, or grossnegligence of the railroad company; or
2. The operator of the excursion train was not operating in accordance withthe definition of an excursion train under this chapter and the railroadcompany had otherwise authorized the operations that were inconsistent withthis chapter.
D. Each passenger on the excursion train shall be deemed to have accepted andconsented to the limitation of liability under this section. This agreementshall be governed by the laws of the Commonwealth as the place of performancenotwithstanding any choice of law rules to the contrary.
E. The railroad company may charge reasonable amounts to the operator of theexcursion train for the use of its tracks and facilities as determined byagreement between the railroad company and the operator.
A. The operator of an excursion train shall be liable for personal injury orwrongful death arising from the operation of such excursion train, includingoperations, maintenance and signalization of the tracks and facilities uponwhich the excursion train operates.
B. Any county, city, or town may by resolution determine that the provisionof excursion train services within the locality promotes tourism and furthersother public purposes. Upon request of such locality, by resolution, anyrailroad company that authorizes the operator of an excursion train to useits tracks and facilities for the purposes of this article shall not beliable for personal injury or wrongful death arising from the operation ofsuch excursion train, including operations, maintenance, and signalization ofthe tracks and facilities upon which the excursion train operates.
C. The limitation of liability under subsection B does not apply if:
1. The injury or damages result from intentional misconduct, malice, or grossnegligence of the railroad company; or
2. The operator of the excursion train was not operating in accordance withthe definition of an excursion train under this chapter and the railroadcompany had otherwise authorized the operations that were inconsistent withthis chapter.
D. Each passenger on the excursion train shall be deemed to have accepted andconsented to the limitation of liability under this section. This agreementshall be governed by the laws of the Commonwealth as the place of performancenotwithstanding any choice of law rules to the contrary.
E. The railroad company may charge reasonable amounts to the operator of theexcursion train for the use of its tracks and facilities as determined byagreement between the railroad company and the operator.
