Indiana § 34-31-6-4 - Assumption of risk as complete defense; exception

§ 34-31-6-4. Assumption of risk as complete defense; exception

Sec. 4. (a) Except as provided in subsection (b) and notwithstanding IC 34-51-2-6 concerning comparative fault, the assumption of risk under section 3 of this chapter is a complete defense to an action against an operator by a roller 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 1 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.

[Pre-1998 Recodification Citation: 34-4-43-7.]

As added by P.L.1-1998, SEC.27.

IC 34-31-6.5Chapter 6.5. Limited Liability for Ice Skating Rinks

34-31-6.5-1Application 34-31-6.5-2Duties of an operator 34-31-6.5-3Duties of an ice skater; risks of ice skating 34-31-6.5-4Ice skaters presumed to know risks of ice skating 34-31-6.5-5Assumption of risk is complete defense; exceptions

IC 34-31-6.5-1Application Sec. 1. This chapter applies only to an ice skating rink that is operated by a postsecondary educational institution.

As added by P.L.77-2013, SEC.4.

IC 34-31-6.5-2Duties of an operator 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.

As added by P.L.77-2013, SEC.4.

IC 34-31-6.5-3Duties of an ice skater; risks of ice skating 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.

As added by P.L.77-2013, SEC.4.

IC 34-31-6.5-4Ice skaters presumed to know risks of ice skating 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.

As added by P.L.77-2013, SEC.4. Amended by P.L.23-2026, SEC.277.

IC 34-31-6.5-5Assumption of risk is complete defense; exceptions 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.

As added by P.L.77-2013, SEC.4.

IC 34-31-7Chapter 7. Premises Liability of Religious Organizations

34-31-7-0.1Application of chapter 34-31-7-1Chapter application 34-31-7-2Duties of nonprofit religious organizations 34-31-7-3Duties concerning child care services at nonprofit religious organizations