CSSB 175(L&C): "An Act relating to civil liability for inherent risks in sports or recreational activities; and providing for an effective date."
00 CS FOR SENATE BILL NO. 175(L&C) 01 "An Act relating to civil liability for inherent risks in sports or recreational activities; 02 and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 FINDINGS AND INTENT. (a) The legislature finds that 07 (1) all sports or recreational activities involve inherent risks that provide the 08 challenge and excitement that entice people to participate in those activities; 09 (2) people should accept the risks inherent in sports or recreational activities 10 and be responsible for injuries and damages resulting from those inherent risks; 11 (3) the state has a legitimate interest in maintaining the economic viability of 12 the sports or recreational activities industry by discouraging claims based on injuries and 13 damages resulting from risks inherent in sports or recreational activities; 14 (4) providers of sports or recreational activities should not be required to alter
01 the challenge and excitement of the activities by controlling risks inherent in the activities; 02 and 03 (5) the liability of providers of sports or recreational activities should be 04 limited to negligence that is not associated with the inherent risks of sports or recreational 05 activities. 06 (b) It is the intent of this Act to 07 (1) limit or eliminate the liability of a provider of a sports or recreational 08 activity to a participant in the activity when an injury or damage caused by or to the 09 participant is the result of risks inherent in the activity; and 10 (2) encourage the broad construction of the Act to shield providers of sports or 11 recreational activities from liability for injuries and damages caused by the inherent risks of 12 sports or recreational activities. 13 * Sec. 2. AS 05.25.040 is amended to read: 14 Sec. 05.25.040. Owner's civil liability. Except as provided under 15 AS 09.65.290, the [THE] owner of a boat is liable for injury or damage caused by the 16 negligent operation of the owner's boat whether the negligence consists of a violation 17 of a state statute or the failure to exercise ordinary care in the operation of the boat as 18 the rules of the common law require. The owner is not liable, however, unless the 19 boat is used with the owner's express or implied consent. It is presumed that the boat 20 is being operated with the knowledge and consent of the owner if, at the time of the 21 injury or damage, it is under the control of the owner's spouse, father, mother, brother, 22 sister, son, daughter, or other member of the owner's immediate family. This chapter 23 does not relieve any other person from a liability that the person would otherwise 24 incur and does not authorize or permit recovery in excess of injury or damage actually 25 incurred. 26 * Sec. 3. AS 09.65 is amended by adding a new section to read: 27 Sec. 09.65.290. Civil liability for sports or recreational activities. (a) A 28 person who participates in a sports or recreational activity assumes the inherent risks 29 in that sports or recreational activity, whether those risks are known or unknown, and 30 is legally responsible for all injuries or death to the person or other persons and for all 31 damage to property that results from the inherent risks in that sports or recreational
01 activity. 02 (b) This section does not require a provider to eliminate, alter, or control the 03 inherent risks within the particular sports or recreational activity that is provided. 04 (c) This section does not apply to a civil action based on the 05 (1) negligence of a provider if the injury, death, or damage was not the 06 result of an inherent risk of the sports or recreational activity that was provided; or 07 (2) design or manufacture of sports or recreational equipment or 08 products or safety equipment used incidental to or required by a sports or recreational 09 activity. 10 (d) Nothing in this section shall be construed to conflict with or render as 11 ineffectual a liability release agreement between a person who participates in a sports 12 or recreational activity and a provider. 13 (e) In this section, 14 (1) "inherent risks" means those dangers or conditions that are 15 characteristic of, intrinsic to, or an integral part of a sport of recreational activity; 16 (2) "provider" means a person or a federal, state, or municipal agency 17 that promotes, offers, or conducts a sports or recreational activity, whether for pay or 18 otherwise; 19 (3) "sports or recreational activity" 20 (A) means a commonly understood sporting activity, whether 21 undertaken with or without permission, including baseball, softball, football, 22 soccer, basketball, hockey, bicycling, hiking, swimming, horseback riding and 23 other equine activity, dude ranching, mountain climbing, river floating, 24 whitewater rafting, canoeing, kayaking, hunting, fishing, backcountry trips, 25 mushing, backcountry or helicopter-assisted skiing, alpine skiing, nordic 26 skiing, snowboarding, telemarking, snow sliding, snowmobiling, off-road and 27 all-terrain vehicle use; 28 (B) does not include 29 (i) boxing contests, sparring or wresting matches or 30 exhibitions that are subject to the requirements of AS 05.10; 31 (ii) activities involving the use of devices that are
01 subject to the requirements of AS 05.20; or 02 (iii) skiing or sliding activities at a ski area that are 03 subject to the requirements of AS 05.45. 04 * Sec. 4. Section 9, ch. 28, SLA 2000 is amended to read: 05 Sec. 9. AS 05.25.040 is repealed and reenacted to read: 06 Sec. 05.25.040. Owner's civil liability. Except as provided under 07 AS 09.65.290, the [THE] owner of a watercraft is liable for injury or damage caused 08 by the negligent operation of the owner's watercraft whether the negligence consists of 09 a violation of a state statute or neglecting to observe ordinary care in the operation of 10 the watercraft as the rules of the common law require. The owner is not liable, 11 however, unless the watercraft is used with the owner's express or implied consent. It 12 is presumed that the watercraft is being operated with the knowledge and consent of 13 the owner if, at the time of the injury or damage, it is under the control of the owner's 14 spouse, father, mother, brother, sister, son, daughter, or other member of the owner's 15 immediate family. This chapter does not relieve any other person from a liability that 16 the person would otherwise incur and does not authorize or permit recovery in excess 17 of injury or damage actually incurred. 18 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 APPLICABILITY. This Act applies to acts or omissions that occur on or after the 21 effective date of sec. 3 of this Act. 22 * Sec. 6. Section 4 of this Act takes effect on the date sec. 9, ch. 28, SLA 2000, takes 23 effect. 24 * Sec. 7. Except as provided in sec. 6 of this Act, this Act takes effect July 1, 2003.