HB 300: "An Act relating to civil liability for commercial recreational activities; and providing for an effective date."

00HOUSE BILL NO. 300 01 "An Act relating to civil liability for commercial recreational activities; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. PURPOSE. It is the purpose of this Act to establish the responsibilities of 05 persons who operate commercial recreational activities and persons who participate in those 06 recreational activities and to decrease uncertainty regarding the legal responsibility for injuries 07 that result from participation in recreational activities. It is also the purpose of this Act to 08 encourage the continued availability of businesses that offer recreational activities to the 09 public. 10 * Sec. 2. AS 05 is amended by adding a new chapter to read: 11 CHAPTER 45. CIVIL LIABILITY FOR COMMERCIAL 12 RECREATIONAL ACTIVITIES. 13  Sec. 05.45.010. ACCEPTANCE OF INHERENT RISKS. Participation in 14 a commercial recreational activity constitutes acceptance of the inherent risks of the

01 recreational activity that are or should be apparent to an ordinarily prudent person. 02  Sec. 05.45.020. CONTRIBUTORY NEGLIGENCE. A person who accepts an 03 inherent risk of a recreational activity as described in AS 05.45.010 is contributorily 04 negligent to the extent that the inherent risk causes injury, death, or property damage. 05 In an action seeking to recover damages for injury or death to a person or harm to 06 property resulting from an inherent risk of a recreational activity, compensatory 07 damages shall be reduced for contributory negligence as provided under AS 09.17.060. 08  Sec. 05.45.030. RESPONSIBILITIES OF PARTICIPANTS. A participant in 09 a recreational activity has the responsibility to 10  (1) learn about the risks of the activities; 11  (2) act within the limits of the person's abilities; 12  (3) heed all warnings regarding participation in the recreational activity; 13  (4) maintain control of the participant's person and any equipment, 14 devices, or animals the participant is using; 15  (5) refrain from acting in a manner that may cause or contribute to 16 injury of the participant or another person. 17  Sec. 05.45.040. RESPONSIBILITIES OF OPERATORS OF RECREATIONAL 18 ACTIVITIES. A person who operates a business that offers a recreational activity 19 shall 20  (1) explain to a participant the 21  (A) inherent risks of the recreational activity; and 22  (B) skills or equipment required to safely participate in the 23 recreational activity that are not apparent to an inexperienced participant; 24  (2) train employees who are in contact with participants in basic first 25 aid and explain to employees how to use emergency medical services available in the 26 area; and 27  (3) maintain recreational equipment and facilities in good repair. 28  Sec. 05.45.050. INTERACTION WITH OTHER LAWS. This chapter does 29 not affect the immunity of an owner of unimproved land under AS 09.45.795 or of a 30 ski area operator under AS 09.65.135. 31  Sec. 05.45.100. DEFINITIONS. In this chapter,

01  (1) "commercial" means an activity undertaken for a profit; 02  (2) "premises" means real property owned or leased, or used with 03 permission of the owner, for the purpose of offering the opportunity to participate in 04 a recreational activity; 05  (3) "recreational activity" means a supervised commercial outdoor 06 activity undertaken for the purpose of exercise, relaxation, or pleasure, and includes 07 kayaking, canoeing, hiking, rafting, glacier walks, sailing, fishing, camping, picnicking, 08 exploring caves, nature study, bicycling, horseback riding, bird watching, scuba diving, 09 or sight-seeing. 10 * Sec. 3. This Act applies to acts or omissions that occur on or after the effective date of 11 this Act. 12 * Sec. 4. This Act takes effect July 1, 1994.