Bill Text: IN SB0117 | 2013 | Regular Session | Enrolled
Bill Title: Ice skating rink liability.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-05-13 - Public Law 77 [SB0117 Detail]
Download: Indiana-2013-SB0117-Enrolled.html
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AN ACT to amend the Indiana Code concerning civil procedure.
(b) "Operator", for purposes of IC 34-31-6, means a person or an entity, other than a governmental entity or an employee of a governmental entity, that owns, manages, controls, directs, or has operational responsibility for a roller skating rink.
(c) "Operator", for purposes of IC 34-31-6.5, means an approved postsecondary educational institution (as defined in IC 21-7-13-6) that owns, manages, controls, directs, or has operational responsibility for an ice skating rink.
Chapter 6.5. Limited Liability for Ice Skating Rinks
Sec. 1. This chapter applies only to an ice skating rink that is operated by a postsecondary educational institution.
Sec. 2. An operator shall do all of the following with respect to an ice skating rink:
(1) Post the:
(A) duties of ice skaters; and
(B) duties, obligations, and liabilities of the operator;
as prescribed in this chapter in at least three (3) conspicuous locations in the ice skating rink.
(2) Maintain the stability and legibility of all signs, symbols, and posted notices required by this chapter.
(3) When the ice skating rink is open for a session, have at least one (1) floor supervisor on duty for every one hundred seventy-five (175) ice skaters. A floor supervisor:
(A) must have received appropriate training to carry out the floor supervisor's duties; and
(B) must use reasonable care in carrying out the floor supervisor's duties.
(4) Maintain the ice skating surface in proper and reasonably safe condition.
(5) Clean and inspect the ice skating surface before each skating session.
(6) Resurface the ice at appropriate intervals.
(7) Maintain in good and safe condition the railings, kickboards, risers, floors, areas open to ice skaters, and walls surrounding the ice skating surface.
(8) Maintain rental skates in good mechanical condition.
(9) Comply with all applicable state and local fire safety codes, building codes, and other safety codes applicable to an ice skating rink.
(10) Use reasonable care in supervising ice skaters to comply with the requirements of section 3 of this chapter.
Sec. 3. An ice skater must do all of the following:
(1) Maintain reasonable control of the ice skater's speed and
course at all times.
(2) Heed all posted signs and warnings.
(3) Maintain a proper view to avoid other ice skaters and
objects.
(4) Accept the responsibility for the following:
(A) Knowing the range of the ice skater's ability to
negotiate the intended direction of travel while on ice
skates.
(B) Skating within the limits of the ice skater's ability.
(5) Refrain from acting in a manner that may cause or
contribute to the injury of the ice skater or any other person.
Sec. 4. (a) Ice skaters are considered to:
(1) have knowledge of; and
(2) assume;
the risks of ice skating.
(b) For purposes of this chapter, risks of ice skating include the
following:
(1) Injuries that result from collisions or incidental contact
with other ice skaters or other individuals who are properly
on the skating surface.
(2) Injuries that result from falls caused by loss of balance.
(3) Injuries that involve objects or artificial structures that:
(A) are properly within the intended path of travel of the
ice skater; and
(B) are not otherwise attributable to an operator's breach
of the operator's duties or responsibilities under section 2
of this chapter.
Sec. 5. (a) Except as provided in subsection (b) and
notwithstanding IC 34-51-2-6 concerning comparative fault, the
assumption of risk under section 4 of this chapter is a complete
defense to an action against an operator by an ice skater for
injuries and property damage resulting from the assumed risks.
(b) The following applies if an operator has violated any one (1)
of the operator's duties or responsibilities under section 2 of this
chapter:
(1) The complete defense against an action against an
operator under subsection (a) does not apply.
(2) The provisions of IC 34-51-2-6 apply.
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