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

00CS FOR HOUSE BILL NO. 300(JUD) 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 commercial recreational activities. It is also the purpose of 08 this Act to encourage the continued availability of businesses that offer commercial 09 recreational activities to the 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 commercial recreational activity that are or should be apparent to an ordinarily prudent 02 person. 03  Sec. 05.45.020. CONTRIBUTORY NEGLIGENCE. A person who accepts an 04 inherent risk of a commercial recreational activity as described in AS 05.45.010 is 05 contributorily negligent to the extent that the inherent risk causes injury, death, or 06 property damage. In an action seeking to recover damages for injury or death to a 07 person or harm to property resulting from an inherent risk of a commercial recreational 08 activity, compensatory damages shall be reduced for contributory negligence as 09 provided under AS 09.17.060. 10  Sec. 05.45.030. RESPONSIBILITIES OF PARTICIPANTS. A participant in 11 a commercial recreational activity has the responsibility to 12  (1) learn about and expressly accept the risks of the activities; 13  (2) act within the limits of the person's abilities; 14  (3) heed all warnings regarding participation in the commercial 15 recreational activity; 16  (4) maintain control of the participant's person, the participant's 17 children, and any equipment, devices, or animals the participant is using; 18  (5) refrain from acting in a manner that may cause or contribute to 19 injury of the participant or another person. 20  Sec. 05.45.040. RESPONSIBILITIES OF OPERATORS OF COMMERCIAL 21 RECREATIONAL ACTIVITIES. A person who operates a business that offers a 22 commercial recreational activity shall 23  (1) explain to a participant the 24  (A) fundamental inherent risks of the commercial recreational 25 activity; and 26  (B) skills or equipment required to participate in the commercial 27 recreational activity that are not apparent to an inexperienced participant; 28  (2) require that employees who are responsible for assisting participants 29 in the actual performance of a commercial recreational activity have training in basic 30 first aid and cardiopulmonary resuscitation and explain to those employees how to use 31 emergency medical services available in the area; and

01  (3) maintain recreational equipment and facilities in good repair. 02  Sec. 05.45.050. INTERACTION WITH OTHER LAWS. This chapter does 03 not affect the immunity of an owner of unimproved land under AS 09.45.795 or of a 04 ski area operator under AS 09.65.135. 05  Sec. 05.45.100. DEFINITIONS. In this chapter, 06  (1) "children" means persons under 18 years of age; 07  (2) "commercial recreational activity" means a recreational activity for 08 which the participants pay compensation; 09  (3) "recreational activity" means an outdoor activity undertaken for the 10 purpose of exercise, education, relaxation, pleasure, sport, or as a hobby. 11 * Sec. 3. This Act applies to acts or omissions that occur on or after the effective date of 12 this Act. 13 * Sec. 4. This Act takes effect July 1, 1994.