Indiana § 34-31-11-5 - Purpose; Indiana common law

§ 34-31-11-5. Purpose; Indiana common law

Sec. 5. The purpose of this chapter is to codify Indiana common law as it exists on July 1, 2015, with respect to the duty owed by a possessor of land to a trespasser.

As added by P.L.88-2015, SEC.3.

IC 34-31-11.2Chapter 11.2. Defenses Related to Liquefied Petroleum Gas

34-31-11.2-1Application 34-31-11.2-2Assumption of the risk 34-31-11.2-3Affirmative defense

IC 34-31-11.2-1Application Sec. 1. This chapter applies only to a cause of action that accrues after June 30, 2015.

As added by P.L.90-2015, SEC.1.

IC 34-31-11.2-2Assumption of the risk Sec. 2. If:

(1) a person:

(A) modifies, repairs, or materially alters:

(i) liquefied petroleum gas equipment; or

(ii) a liquefied petroleum gas appliance;

without the knowledge and consent of the provider of the liquefied petroleum gas used in the equipment or appliance; or

(B) uses the:

(i) liquefied petroleum gas equipment; or

(ii) liquefied petroleum gas appliance;

in a manner or for a purpose other than that for which the equipment or appliance was reasonably intended; and

(2) the person or another person suffers bodily injury or property damage because of an action taken by the person as described in subdivision (1)(A) or (1)(B);

the person is considered to have assumed the risk of causing the bodily injury or property damage because of the action taken by the person under subdivision (1)(A) or (1)(B).

As added by P.L.90-2015, SEC.1.

IC 34-31-11.2-3Affirmative defense Sec. 3. The provider of the liquefied petroleum gas that was used in:

(1) liquefied petroleum gas equipment; or

(2) a liquefied petroleum gas appliance;

involved in causing bodily injury or property damage described in section 2(2) of this chapter has an affirmative defense in any action brought against the provider if a person assumed the risk of causing the bodily injury or property damage described in section 2(2) of this chapter because of an action taken by the person under section 2(1)(A) or 2(1)(B) of this chapter.

As added by P.L.90-2015, SEC.1.

IC 34-31-11.4Chapter 11.4. Limited Liability for Operators of Recreational Facilities

34-31-11.4-1Application 34-31-11.4-2Duties of operator 34-31-11.4-3Duties of recreational user 34-31-11.4-4Risks of using a recreational facility 34-31-11.4-5Defense to an action against an operator by a recreational user

IC 34-31-11.4-1Application Sec. 1. (a) This chapter applies only to a recreational facility that is operated by an:

(1) elementary school (as defined under IC 20-18-2-4);

(2) approved secondary school (as defined under IC 21-12-1-5); or

(3) approved postsecondary school (as defined under IC 21-7-13-6).

(b) This chapter does not apply to the operator of:

(1) an ice skating rink that is described in IC 34-31-6.5; or

(2) a recreational facility with respect to an activity:

(A) for which the recreational facility is not primarily designed (even if the recreational facility is designed to allow this activity); or

(B) that is not recreation.

As added by P.L.95-2015, SEC.5.

IC 34-31-11.4-2Duties of operator Sec. 2. To qualify for limited liability under this chapter, an operator shall do all the following with respect to a recreational facility:

(1) Post the:

(A) duties of recreational users; and

(B) duties, obligations, and liabilities of the operator;

as prescribed in this chapter in at least three (3) conspicuous locations in or along the recreational facility.

(2) Maintain the stability and legibility of all signs, symbols, and posted notices required by this chapter.

(3) This subdivision applies only to a recreational facility located in a building. When the recreational facility is open, at least one (1) floor supervisor must be on duty. 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 floor or surface of the recreational facility in proper and reasonably safe condition.

(5) If the recreational facility is located in a building or includes a building, maintain in good and safe condition the areas of the building open to recreational users.

(6) Maintain equipment in good mechanical condition.

(7) Comply with all applicable state and local fire safety codes, building codes, and other safety codes applicable to a recreational facility.

As added by P.L.95-2015, SEC.5.

IC 34-31-11.4-3Duties of recreational user Sec. 3. A recreational user shall do all the following:

(1) Maintain reasonable control of the recreational user's speed and course at all times.

(2) Use due care while operating or using equipment.

(3) Heed all posted signs and warnings.

(4) Maintain a proper view to avoid other recreational users, individuals, and objects.

(5) Accept the responsibility for the following:

(A) Knowing the range of the recreational user's ability.

(B) Using the recreational facility within the limits of the recreational user's ability.

(6) Refrain from acting in a manner that may cause or contribute to the injury of the recreational user or any other individual.

As added by P.L.95-2015, SEC.5.

IC 34-31-11.4-4Risks of using a recreational facility Sec. 4. (a) Recreational users are considered to:

(1) have knowledge of; and

(2) assume;

the risks of using the recreational facility.

(b) For purposes of this chapter, risks of using a recreational facility include the following:

(1) Injuries that result from collisions or incidental contact with other recreational users or other individuals who are properly present at the recreational facility.

(2) Injuries that result from falls caused by loss of balance.

(3) Injuries that involve objects or artificial structures that are not otherwise attributable to an operator's breach of the operator's duties or responsibilities under section 2 of this chapter.

(4) Injuries that result from the recreational user's violation of the recreational user's duties under section 3 of this chapter.

As added by P.L.95-2015, SEC.5.

IC 34-31-11.4-5Defense to an action against an operator by a recreational user 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 a recreational user for injuries and property damage resulting from the assumed risks.

(b) The following apply if an operator violates any 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, unless IC 34-13-3 applies to the operator.

(c) If IC 34-13-3 applies to an operator, the liability of the operator under section 2 of this chapter is subject to IC 34-13-3 and IC 34-51-2-2.

As added by P.L.95-2015, SEC.5.

IC 34-32ARTICLE 32. COMMENCEMENT OF ACTION: NOTICE AND PUBLICATION

Ch. 1.Notice and Publication

IC 34-32-1Chapter 1. Notice and Publication

34-32-1-1Notice and service 34-32-1-2Publications; English language 34-32-1-3Notice; publication