CSHB 30(JUD): "An Act relating to civil liability for skateboarding; and providing for an effective date."
00CS FOR HOUSE BILL NO. 30(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 skateboarding. 07 Notwithstanding any other provision of law, a person may not bring an action against 08 a municipality for an injury occurring at a municipal skateboard facility if the injury 09 results from an inherent danger and risk of skateboarding. 10 Sec. 05.50.020. Effect of violations. (a) A municipality or person who 11 violates a requirement of this chapter is negligent and civilly liable to the extent the 12 violation causes injury to a person or damage to property. 13 (b) Notwithstanding the provisions of AS 09.17.080, 14 (1) the limitation of liability described under AS 05.50.010 is a
01 complete defense in an action against a municipality for an injury if an inherent danger 02 or risk of skateboarding is determined to be a contributory factor in the resulting 03 injury, unless the municipality has violated a requirement of this chapter; 04 (2) a violation of the person's duties imposed under AS 05.50.030 is 05 a complete defense in an action against a municipality if the violation is determined 06 to be a contributory factor in the resulting injury, unless the municipality has violated 07 a requirement of this chapter. 08 (c) If the municipality is determined to have violated a requirement of this 09 chapter, the provisions of AS 09.17.080 apply in an action against a municipality for 10 an injury resulting from the violation. 11 Sec. 05.50.030. Duties of municipal skateboard facility users. (a) A person 12 may not use a municipal skateboard facility if the person 13 (1) does not have sufficient physical dexterity or ability and knowledge 14 to negotiate or use the facility safely; in the case of a minor who uses a municipal 15 skateboard facility, the minor's parent or legal guardian is responsible for determining 16 whether the minor satisfies the requirements of this paragraph; 17 (2) is not wearing knee pads, elbow pads, shoes, and a helmet at all 18 times. 19 (b) A person using a municipal skateboard facility may not 20 (1) enter or leave a municipal skateboard facility except at a designated 21 area unless reasonably necessary to prevent injury to the person or others; 22 (2) intentionally throw or expel an object onto the facility; 23 (3) take food, drink, or glass containers on the facility; 24 (4) act while using the facility in a manner that may interfere with 25 proper or safe condition of the facility; 26 (5) engage in conduct that may contribute or cause injury to a person; 27 (6) enter the facility when the facility is marked as closed; 28 (7) disobey instructions posted in accordance with this chapter or any 29 other instructions required by local laws consistent with this chapter; 30 (8) use other items including but not limited to bicycles, unicycles, 31 coasters, roller skates, or roller blades at the facility unless otherwise allowed by the
01 municipality. 02 Sec. 05.50.040. Duties of municipalities. (a) In a municipal skateboard 03 facility, a municipality shall maintain a sign system with concise, simple, and pertinent 04 information for the protection and instruction of skateboarders. Signs shall be 05 prominently placed at each facility. 06 (b) At least one sign posted at each facility must contain language substantially 07 similar to the following warning notice: 08 WARNING 09 Under Alaska law, the risk of an injury to person or property 10 resulting from any of the inherent dangers of skateboarding rests 11 with the skateboarder. Inherent dangers and risks of 12 skateboarding include collisions with man-made objects, 13 collisions with other skateboarders, variations in slope, falling, 14 and the failure of skateboarders to skate within their own 15 abilities. 16 (c) A municipality shall clearly delineate the boundaries of a municipal 17 skateboard facility with fencing or another type of enclosing or surrounding structure. 18 (d) A municipality may not construct or maintain a municipal skateboard 19 facility in a negligent manner. 20 Sec. 05.50.050. Duties and responsibilities of skateboarders. A skateboarder 21 who uses a municipal skateboard facility 22 (1) is responsible for knowing the range of the person's own ability to 23 negotiate a skateboard facility and to skateboard within the limits of a skateboarder's 24 ability; in the case of a skateboarder who is a minor, the minor's parent or legal 25 guardian is responsible for determining whether the minor satisfies the requirements 26 of this paragraph; 27 (2) is responsible for an injury to a person or property resulting from 28 an inherent danger and risk of skateboarding, except that a skateboarder is not 29 precluded under this chapter from suing another skateboarder for an injury to person 30 or property resulting from the other skateboarder's acts or omissions; notwithstanding 31 any other provision of law, the risk of collision with another skateboarder is not an
01 inherent danger or risk of skateboarding in an action by one skateboarder against 02 another; 03 (3) has the duty to 04 (A) maintain control of the skateboarder's speed and course at 05 all times when skateboarding and to maintain a proper lookout so as to be able 06 to avoid other skateboarders, objects, and debris; however, a person 07 skateboarding on a downhill slope has a primary duty to avoid collision with 08 a person or object below the skateboarder; 09 (B) perform a visual inspection of the facility before each use; 10 (C) ensure that all areas of the facility the skateboarder intends 11 to use are free and clear of natural or manmade debris that would interfere with 12 the skateboarder's use of the facility; 13 (D) heed all posted information and other warnings and to 14 refrain from acting in a manner that may cause or contribute to the injury of 15 the skateboarder; evidence that signs as required by AS 05.50.040 or as 16 required by consistent local laws were present, visible, and readable at the 17 beginning of a given day creates the presumption that skateboarders using the 18 skateboard facility on that day have seen and understood the sign; and 19 (4) may not 20 (A) skateboard in a facility or a portion of a facility that has 21 been posted as "closed"; or 22 (B) use a skateboard facility while the skateboarder's ability is 23 impaired by the influence of alcohol or a controlled substance as defined in 24 AS 11.71.900 or other drugs. 25 Sec. 05.50.060. Competition: immunity for municipality operating a 26 skateboard facility. (a) A municipality shall, before beginning skateboard 27 competition at a municipal skateboard facility, allow an athlete who will skateboard 28 in the competition a reasonable visual inspection of the course or area where the 29 competition is to be held. 30 (b) A person skateboarding in competition assumes the risk of all course or 31 area conditions, course construction or layout, and obstacles that a visual inspection
01 would have revealed. A municipality is not liable for injury to a person who 02 skateboarded in competition at a skateboard facility operated by the municipality and 03 who is injured as a result of a risk described in this subsection. 04 Sec. 05.50.100. Definitions. In this chapter, 05 (1) "inherent danger and risk of skateboarding" means a danger or 06 condition that is an integral part of the sport of skateboarding, including collisions with 07 man-made objects; impact with ramps, signs, posts, fences, or enclosures, or other 08 man-made structures and their components; variations in slope and steepness; collisions 09 with other skateboarders; and the failure of skateboarders to skateboard within their 10 own abilities; the term "inherent danger and risk of skateboarding" does not include 11 the negligence of a municipality that is responsible for a municipal skateboarding 12 facility; 13 (2) "injury" means property damage, personal injury, or death. 14 * Sec. 2. APPLICABILITY. This Act applies to a civil action that accrues on or after the 15 effective date of this Act. 16 * Sec. 3. This Act takes effect July 1, 1997.