SCS CSHB 12(TRA): "An Act relating to civil liability for commercial recreational activities and certain skating and cycling activities; and providing for an effective date."
00SENATE CS FOR CS FOR HOUSE BILL NO. 12(TRA) 01 "An Act relating to civil liability for commercial recreational activities and certain 02 skating and cycling activities; and 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 sec. 2 of this Act to establish the 05 responsibilities of operators of commercial recreational activities and persons who participate 06 in those recreational activities and to decrease uncertainty regarding the legal responsibility 07 for injuries that result from participation in commercial recreational activities. It is also the 08 purpose of this Act to encourage the continued availability of commercial recreational 09 activities to the public. 10 * Sec. 2. AS 05 is amended by adding a new chapter to read: 11 Chapter 50. Civil Liability for Commercial 12 Recreational Activities. 13 Sec. 05.50.010. Acceptance of inherent risks. Participation in a commercial 14 recreational activity constitutes acceptance of the inherent risks of the commercial
01 recreational activity that are or should be apparent to an ordinarily prudent person. 02 Sec. 05.50.020. Contributory negligence. A person who accepts an inherent 03 risk of a commercial recreational activity as described in AS 05.50.010 is 04 contributorily negligent to the extent that the inherent risk causes injury, death, or 05 property damage. In an action seeking to recover damages for injury or death to a 06 person or harm to property resulting from an inherent risk of a commercial recreational 07 activity, compensatory damages shall be reduced for contributory negligence as 08 provided under AS 09.17.060. In this section, "compensatory damages" do not include 09 benefits paid under an insurance policy. 10 Sec. 05.50.030. Responsibilities of participants. A participant in a 11 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. 05.50.040. Responsibilities of operators of commercial recreational 21 activities. An operator of a business that offers a commercial recreational activity 22 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;
01 (3) maintain recreational equipment and facilities in good repair; 02 (4) provide trained and competent personnel; and 03 (5) act in a reasonably safe and competent manner. 04 Sec. 05.50.050. Interaction with other laws. This chapter does not affect the 05 immunity of an owner of unimproved land under AS 09.65.200 or of a ski area 06 operator under AS 05.45.010. 07 Sec. 05.05.100. Definitions. In this chapter, 08 (1) "children" means persons under 18 years of age; 09 (2) "commercial recreational activity" means a recreational activity for 10 which the participants pay compensation; 11 (3) "recreational activity" means an outdoor activity undertaken for the 12 purpose of exercise, education, relaxation, pleasure, or sport or as a hobby but does not 13 include the transportation of the participant by plane, bus, boat, vessel, or other legally 14 regulated mode of conveyance of the participant by the commercial operator. 15 * Sec. 3. AS 05 is amended by adding a new chapter to read: 16 Chapter 55. Municipal Skating and Cycling Liability and Responsibility. 17 Sec. 05.55.010. Limitation on actions arising from recreational activities. 18 Notwithstanding any other provision of law, a person may not bring an action against 19 a municipality for an injury occurring at a municipal skating and cycling facility if the 20 injury results from an inherent danger and risk of using the facility. 21 Sec. 05.55.020. Effect of violations. (a) A municipality or person who 22 violates a requirement of this chapter is negligent and civilly liable to the extent the 23 violation causes injury to a person or damage to property. 24 (b) Notwithstanding the provisions of AS 09.17.080, 25 (1) the limitation of liability described under AS 05.55.010 is a 26 complete defense in an action against a municipality for an injury if an inherent danger 27 or risk of the skating or cycling activity is determined to be a contributory factor in 28 the resulting injury, unless the municipality has violated a requirement of this chapter; 29 (2) a violation of the person's duties imposed under AS 05.55.030 is 30 a complete defense in an action against a municipality if the violation is determined 31 to be a contributory factor in the resulting injury, unless the municipality has violated
01 a requirement of this chapter. 02 (c) If the municipality is determined to have violated a requirement of this 03 chapter, the provisions of AS 09.17.080 apply in an action against a municipality for 04 an injury resulting from the violation. 05 Sec. 05.55.030. Duties of municipal skating and cycling facility users. A 06 person using a municipal skating or cycling facility may not 07 (1) enter or leave except at a designated area unless reasonably 08 necessary to prevent injury to the person or others; 09 (2) intentionally throw or expel an object onto the facility; 10 (3) take food, drink, or glass containers on the facility; 11 (4) act while using the facility in a manner that may interfere with 12 proper or safe condition of the facility; 13 (5) engage in conduct that may contribute or cause injury to a person 14 other than those associated with inherent dangers and risks of the activity; for purposes 15 of this paragraph, an injury that results from a violation of the rules of the activity is 16 not one that is associated with inherent dangers and risks of the activity; 17 (6) enter the facility when the facility is marked as closed; 18 (7) disobey instructions posted in accordance with this chapter or any 19 other instructions required by local laws consistent with this chapter. 20 Sec. 05.55.040. Duties of municipalities. (a) In a municipal skating or 21 cycling facility, a municipality shall maintain a sign system with concise, simple, and 22 pertinent information for the protection and instruction of a person who uses the 23 facility. Signs shall be prominently placed at each facility. 24 (b) At least one sign posted at each facility must contain language substantially 25 similar to the following warning notice: 26 WARNING 27 Under Alaska law, the risk of an injury to person or property 28 resulting from any of the inherent dangers of using a municipal 29 skating or cycling facility rests with the user. Inherent dangers 30 and risks of using the facility include collisions with man-made 31 objects, collisions with other persons, variations in slope, falling,
01 and the failure of a person to recreate within their own abilities. 02 (c) A municipality shall clearly delineate the boundaries of a municipal skating 03 or cycling facility with fencing or another type of enclosing or surrounding structure. 04 (d) A municipality may not construct or maintain a municipal skating or 05 cycling facility in a negligent manner. 06 Sec. 05.55.050. Skating and cycling duties and responsibilities. (a) A 07 person who is skating or cycling at a municipal skating or cycling facility 08 (1) is responsible for knowing the range of the person's own ability to 09 negotiate a skating or cycling facility and to recreate within the limits of the person's 10 ability; in the case of a minor, the minor's parent or legal guardian is responsible for 11 determining whether the minor satisfies the requirements of this paragraph; 12 (2) is responsible for an injury to a person or property resulting from 13 an inherent danger and risk of the activity, except that a person is not precluded under 14 this chapter from suing another person for an injury to person or property resulting 15 from the other person's acts or omissions; notwithstanding any other provision of law, 16 the risk of collision with another person is not an inherent danger or risk of using a 17 skating or cycling facility in an action by one user of the facility against another; 18 (3) has the duty to 19 (A) maintain control of the person's speed and course at all 20 times when using the facility and to maintain a proper lookout so as to be able 21 to avoid other persons, objects, and debris; however, a person on a downhill 22 slope has a primary duty to avoid collision with a person or object below the 23 person; 24 (B) perform a visual inspection of the facility before each use; 25 (C) ensure that all areas of the facility the person intends to use 26 are free and clear of natural or manmade debris that would interfere with the 27 person's use of the facility; 28 (D) heed all posted information and other warnings and to 29 refrain from acting in a manner that may cause or contribute to the injury of 30 the person; evidence that signs as required by AS 05.55.040 or as required by 31 consistent local laws were present, visible, and readable at the beginning of a
01 given day creates the presumption that a person using the facility on that day 02 has seen and understood the sign; and 03 (4) may not use a skating or cycling facility 04 (A) while the person's ability is impaired by the influence of 05 alcohol or a controlled substance as defined in AS 11.71.900 or other drugs; 06 (B) if the person does not have sufficient physical dexterity or 07 ability and knowledge to negotiate or use the facility safely; in the case of a 08 minor who uses a municipal skating or cycling facility, the minor's parent or 09 legal guardian is responsible for determining whether the minor satisfies the 10 requirements of this paragraph; 11 (C) if the person is not wearing knee pads, elbow pads, shoes, 12 and a helmet at all times. 13 (b) A person may not skateboard or cycle at a municipal skating or cycling 14 facility if the facility has been posted as "closed." 15 Sec. 05.55.060. Competition: immunity for municipality operating a 16 skating or cycling facility. (a) A municipality shall, before beginning recreational 17 competition at a municipal skating or cycling facility, allow an athlete who will 18 participate in the competition a reasonable visual inspection of the course or area 19 where the competition is to be held. 20 (b) A person in competition at a municipal skating or cycling facility assumes 21 the risk of all course or area conditions, course construction or layout, and obstacles 22 that a visual inspection would have revealed. A municipality is not liable for injury 23 to a person who competed at a municipal skating or cycling facility operated by the 24 municipality and who is injured as a result of a risk described in this subsection. 25 Sec. 05.55.100. Definitions. In this chapter, 26 (1) "inherent dangers and risks of the activity" means a danger or 27 condition that is an integral part of the activity, including collisions with man-made 28 objects; impact with ramps, signs, posts, fences, or enclosures, or other man-made 29 structures and their components; variations in slope and steepness; collisions with other 30 persons; and the failure of a person to perform the activity within their own abilities; 31 the term "inherent dangers and risks of the activity" does not include the negligence
01 of a municipality that is responsible for a municipal facility; 02 (2) "injury" means property damage, personal injury, or death; 03 (3) "skating or cycling" means skateboarding, cycling, coasting, roller- 04 skating, or in-line skating or a combination of those activities. 05 * Sec. 4. This Act applies to acts or omissions that occur on or after the effective date of 06 this Act. 07 * Sec. 5. This Act takes effect July 1, 1998.