CSHB 291(JUD): "An Act relating to civil liability for skateboarding; and providing for an effective date."

00 CS FOR HOUSE BILL NO. 291(JUD)                                                                                          
01 "An Act relating to civil liability for skateboarding; and providing for an effective                                   
02 date."                                                                                                                  
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 05 is amended by adding a new chapter to read:                                                      
05 CHAPTER 50.  SKATEBOARD LIABILITY AND RESPONSIBILITY.                                                                   
06  Sec. 05.50.010.  LIMITATION ON ACTIONS ARISING FROM                                                                   
07 SKATEBOARDING.  Notwithstanding any other provision of law, a person may not                                            
08 bring an action against a municipality for an injury occurring at a municipal                                           
09 skateboarding facility if the injury results from an inherent danger and risk of                                        
10 skateboarding.                                                                                                          
11  Sec. 05.50.020.  EFFECT OF VIOLATIONS.  (a)  A municipality or other                                                  
12 person who violates a requirement of this chapter is negligent and civilly liable to the                                
13 extent the violation causes injury to a person or damage to property.                                                   
14  (b)  Notwithstanding the provisions of AS 09.17.080,                                                                  
01   (1)  the limitation of liability described under AS 05.50.010 is a                                                   
02 complete defense in an action against a municipality for an injury if an inherent danger                                
03 or risk of skateboarding is determined to be a contributory factor in the resulting                                     
04 injury, unless the municipality has violated a requirement of this chapter;                                             
05   (2)  a violation of the person's duties imposed under AS 05.50.030 is                                                
06 a complete defense in an action against a municipality if the violation is determined                                   
07 to be a contributory factor in the resulting injury, unless the municipality has violated                               
08 a requirement of this chapter.                                                                                          
09  (c)  If the municipality is determined to have violated a requirement of this                                         
10 chapter, the provisions of AS 09.17.080 apply in an action against a municipality for                                   
11 an injury resulting from the violation.                                                                                 
12  Sec. 05.50.030.  DUTIES OF MUNICIPAL SKATEBOARDING FACILITY                                                           
13 USERS.  (a)  A person may not use a municipal skateboarding facility if the person                                      
14   (1)  does not have sufficient physical dexterity or ability and knowledge                                            
15 to negotiate or use the facility safely;                                                                                
16   (2)  is not wearing knee pads, elbow pads, shoes, and a helmet at all                                                
17 times.                                                                                                                  
18  (b)  A person using a municipal skateboarding facility may not                                                        
19   (1)  enter or leave a municipal skateboarding facility except at a                                                   
20 designated area unless reasonably necessary to prevent injury to the person or others;                                  
21   (2)  intentionally throw or expel an object onto the facility;                                                       
22   (3)  take food, drink, or glass containers on the facility;                                                          
23   (4)  act while using the facility in a manner that may interfere with                                                
24 proper or safe condition of the facility;                                                                               
25   (5)  engage in conduct that may contribute or cause injury to a person;                                              
26   (6)  enter the facility when the facility is marked as closed;                                                       
27   (7)  disobey instructions posted in accordance with this chapter or any                                              
28 other instructions required by local laws consistent with this chapter;                                                 
29   (8)  use other items including but not limited to bicycles, unicycles,                                               
30 coasters, roller skates, or roller blades at the facility unless otherwise allowed by the                               
31 municipality.                                                                                                           
01  Sec. 05.50.040.  DUTIES OF MUNICIPALITIES.  (a)  In a municipal                                                       
02 skateboarding facility, a municipality shall maintain a sign system with concise,                                       
03 simple, and pertinent information for the protection and instruction of skateboarders.                                  
04 Signs shall be prominently placed at each facility.                                                                     
05  (b)  At least one sign posted at each facility must contain language substantially                                    
06 similar to the following warning notice:                                                                                
07 WARNING                                                                                                                 
08 Under Alaska Law, the risk of an injury to person or property                                                         
09 resulting from any of the inherent dangers of skateboarding rests                                                       
10 with the skateboarder.  Inherent dangers and risks of                                                                   
11 skateboarding include collisions with manmade objects,                                                                  
12 collisions with other skateboarders, variations in slope, falling,                                                      
13 and the failure of skateboarders to skate within their own                                                              
14 abilities.                                                                                                              
15  Sec. 05.50.050.  DUTIES AND RESPONSIBILITIES OF SKATEBOARDERS.                                                        
16 A skateboarder who uses a municipal skateboarding facility                                                              
17   (1)  is responsible for knowing the range of the person's own ability to                                             
18 negotiate a skateboarding facility and to skateboard within the limits of a                                             
19 skateboarder's ability;                                                                                                 
20   (2)  is responsible for an injury to a person or property resulting from                                             
21 an inherent danger and risk of skateboarding, except that a skateboarder is not                                         
22 precluded under this chapter from suing another skateboarder for an injury to person                                    
23 or property resulting from the other skateboarder's acts or omissions; notwithstanding                                  
24 any other provision of law, the risk of collision with another skateboarder is not an                                   
25 inherent danger or risk of skateboarding in an action by one skateboarder against                                       
26 another;                                                                                                                
27   (3)  has the duty to                                                                                                 
28   (A)  maintain control of the skateboarder's speed and course at                                                     
29 all times when skateboarding and to maintain a proper lookout so as to be able                                          
30 to avoid other skateboarders, objects, and debris; however, a person                                                    
31 skateboarding on a downhill slope has a primary duty to avoid collision with                                            
01 a person or object below the skateboarder;                                                                              
02   (B)  perform a visual inspection of the facility before each use;                                                   
03   (C)  ensure that all areas of the facility the skateboarder intends                                                 
04 to use are free and clear of natural or manmade debris that would interfere with                                        
05 the skateboarder's use of the facility;                                                                                 
06   (D)  heed all posted information and other warnings and to                                                          
07 refrain from acting in a manner that may cause or contribute to the injury of                                           
08 the skateboarder; evidence that signs as required by AS 05.50.040 or as                                                 
09 required by consistent local laws were present, visible, and readable at the                                            
10 beginning of a given day creates the presumption that skateboarders using the                                           
11 skateboarding facility on that day have seen and understood the sign; and                                               
12   (4)  may not                                                                                                         
13   (A)  skateboard in a facility or a portion of a facility that has                                                   
14 been posted as "closed"; or                                                                                             
15   (B)  use a skateboarding facility while the skateboarder's ability                                                  
16 is impaired by the influence of alcohol or a controlled substance as defined in                                         
17 AS 11.71.900 or other drugs.                                                                                            
18  Sec. 05.50.060.  COMPETITION:  IMMUNITY FOR MUNICIPALITY                                                              
19 OPERATING A SKATEBOARDING FACILITY.  (a)  A municipality shall, before                                                  
20 beginning skateboard competition at a municipal skateboarding facility, allow an                                        
21 athlete who will skateboard in the competition a reasonable visual inspection of the                                    
22 course or area where the competition is to be held.                                                                     
23  (b)  A person skateboarding in competition assumes the risk of all course or                                          
24 area conditions, course construction or layout, and obstacles that a visual inspection                                  
25 would have revealed.  A municipality is not liable for injury to a person who                                           
26 skateboarded in competition at a skateboarding facility operated by the municipality                                    
27 and who is injured as a result of a risk described in this subsection.                                                  
28  Sec. 05.50.100.  DEFINITIONS.  In this chapter,                                                                       
29   (1)  "inherent danger and risk of skateboarding" means a danger or                                                   
30 condition that is an integral part of the sport of skateboarding including collisions with                              
31 man-made objects; impact with ramps, signs, posts, fences, or enclosures, or other                                      
01 man-made structures and their components; variations in slope and steepness; collisions                                 
02 with other skateboarders; and the failure of skateboarders to skateboard within their                                   
03 own abilities; the term "inherent danger and risk of skateboarding" does not include                                    
04 the negligence of a municipality that is responsible for a municipal skateboarding                                      
05 facility;                                                                                                               
06   (2)  "injury" means property damage, personal injury, or death.                                                      
07    * Sec. 2.  APPLICABILITY.  This Act applies to a civil action that accrues on or after the                           
08 effective date of this Act.                                                                                             
09    * Sec. 3.  This Act takes effect July 1, 1995.