00 CS FOR HOUSE BILL NO. 12(FIN)
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 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. A person who operates a business that offers a commercial recreational
22 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;
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.
13 * Sec. 3. This Act applies to acts or omissions that occur on or after the effective date of
14 this Act.
15 * Sec. 4. This Act takes effect July 1, 1998.