Bill Text: IN HB1159 | 2013 | Regular Session | Introduced
Bill Title: School liability.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2013-05-13 - Public Law 220 [HB1159 Detail]
Download: Indiana-2013-HB1159-Introduced.html
Citations Affected: IC 34-31-10.
Synopsis: Liability for use of school facilities. Limits the liability of
a public school or an accredited nonpublic school that provides
physical fitness activities to the general public.
Effective: July 1, 2013.
January 10, 2013, read first time and referred to Committee on Judiciary.
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A BILL FOR AN ACT to amend the Indiana Code concerning civil
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Chapter 10. Limited Liability Arising From the Public Use of School Facilities for Physical Fitness Activities
Sec. 1. The limited liability provided in this chapter is in addition to any immunity or limited liability provided by the Indiana tort claims act (IC 34-13-3).
Sec. 2. This chapter does not apply to an activity if the participant is paid to participate in the activity.
Sec. 3. (a) As used in this chapter, "inherent risk of a physical fitness activity" means a condition, danger, or hazard that is an integral part of:
(1) a physical fitness activity;
(2) the use of exercise equipment; or
(3) the use of a facility provided by a school;
as determined by a reasonable person considering the nature of the
activity, equipment, or facility.
(b) The term includes the negligent acts of a participant that
may contribute to injury to the participant or others, including:
(1) failing to follow instructions;
(2) failing to exercise reasonable caution while engaging in an
activity; or
(3) failing to obey written warnings or postings.
Sec. 4. (a) As used in this chapter, "participant" means a person
who is engaging in a school physical fitness activity.
(b) The term does not include a school employee or other person
providing, directing, or supervising the school physical fitness
activity.
Sec. 5. As used in this chapter, "school" means:
(1) a public school (as defined in IC 20-18-2-15); or
(2) an accredited nonpublic school (as defined in
IC 20-18-2-12).
Sec. 6. As used in this chapter, "school physical fitness activity"
means an activity in which the general public is invited to use:
(1) school property;
(2) school equipment; or
(3) a school facility;
to participate in a physical fitness activity, including sports,
weightlifting, running, swimming, diving, bicycling, or any other
similar activity, whether or not the member of the public pays to
participate in the activity.
Sec. 7. Except as provided in sections 8 through 10 of this
chapter, a school is not liable for the death or injury of a
participant that results from an inherent risk of a physical fitness
activity. A participant or the representative of a participant may
not:
(1) make a claim against;
(2) bring or maintain an action against; or
(3) recover damages from;
a school for injury, loss, damage, or death of a participant that
results from the inherent risk of a physical fitness activity.
Sec. 8. Section 7 of this chapter does not prevent or limit the
liability of a school:
(1) that has actual knowledge of, or that knows or reasonably
should have known of, a dangerous condition on the property,
facilities, or equipment used in the school physical fitness
activity;
(2) that fails to properly train a school employee or other
person providing, directing, or supervising the school physical
fitness activity, if the act or omission of the school employee
or other person proximately causes the injury, loss, damage,
or death; or
(3) for an act or omission that is the result of willful, wanton,
or intentional misconduct.
Sec. 9. Section 7 of this chapter does not prevent or limit the
liability of a school that receives monetary consideration for a
school physical fitness activity from any person other than a
government agency unless the school:
(1) posts and maintains a sign on which is printed the warning
notice set forth in section 11 of this chapter; or
(2) has received a signed release from the participant
indicating that the participant has received written notice of
the warning set forth in section 11 of this chapter.
Sec. 10. If there is a written contract between a school and a
participant for the provision of a school physical fitness activity,
section 7 of this chapter does not prevent or limit the liability of a
school unless the contract contains the warning notice set forth in
section 11 of this chapter.
Sec. 11. (a) The warning notice described in sections 9 through
10 of this chapter must state the following:
Inherent risks of physical fitness activities include risks of injury inherent in exercise, the nature of a sport, the use of exercise equipment, or the use of a facility provided by a school. Inherent risks also include the potential that you may act in a negligent manner that may contribute to your injury or death, or that other participants may act in a manner that may result in injury or death to you.
You are assuming the risk of participating in this physical fitness activity.
(b) If the warning notice set forth in subsection (a) is posted on a sign as described in section 9(1) of this chapter, the warning must be posted on the sign in letters at least one (1) inch in height and the sign must be placed in a location where participants will likely be present during the school physical fitness activity.
(c) If the warning notice set forth in subsection (a) is included in
a written contract as described section 10 of this chapter, the notice
must be in at least 14 point boldface type.
