HB 291: "An Act relating to civil liability for skateboarding; and providing for an effective date."

00HOUSE BILL NO. 291 01 "An Act relating to civil liability for skateboarding; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 05 is amended by adding a new chapter to read: 05 CHAPTER 50. SKATEBOARD LIABILITY AND RESPONSIBILITY. 06  Sec. 05.50.010. LIMITATION ON ACTIONS ARISING FROM 07 SKATEBOARDING. Notwithstanding any other provision of law, a person may not 08 bring an action against a municipality for an injury occurring at a skateboarding 09 facility operated by a municipality if the injury results from an inherent danger and 10 risk of skateboarding. 11  Sec. 05.50.020. EFFECT OF VIOLATIONS. (a) A municipality or other 12 person who violates a requirement of this chapter is negligent and civilly liable to the 13 extent the violation causes injury to a person or damage to property. 14  (b) Notwithstanding the provisions of AS 09.17.080,

01  (1) the limitation of liability described under AS 05.50.010 is a 02 complete defense in an action against a municipality for an injury if an inherent danger 03 or risk of skateboarding is determined to be a contributory factor in the resulting 04 injury, unless the municipality has violated a requirement of this chapter; 05  (2) a violation of the person's duties imposed under AS 05.50.030 is 06 a complete defense in an action against a municipality if the violation is determined 07 to be a contributory factor in the resulting injury, unless the municipality has violated 08 a requirement of this chapter. 09  (c) If the municipality is determined to have violated a requirement of this 10 chapter, the provisions of AS 09.17.080 apply in an action against a municipality for 11 an injury resulting from the violation. 12  Sec. 05.50.030. DUTIES OF MUNICIPAL SKATEBOARDING FACILITY 13 USERS. (a) A person may not use a municipal skateboarding facility if the person 14  (1) does not have sufficient physical dexterity or ability and knowledge 15 to negotiate or use the facility safely; 16  (2) is not wearing knee pads, elbow pads, shoes, and a helmet at all 17 times. 18  (b) A person using a municipal skateboarding facility may not 19  (1) enter or leave a municipal skateboarding facility except at a 20 designated area unless reasonably necessary to prevent injury to the person or others; 21  (2) intentionally throw or expel an object onto the facility; 22  (3) take food, drink, or glass containers on the facility; 23  (4) act while using the facility in a manner that may interfere with 24 proper or safe condition of the facility; 25  (5) engage in conduct that may contribute or cause injury to a person; 26  (6) enter the facility when the facility is marked as closed; 27  (7) disobey instructions posted in accordance with this chapter or any 28 other instructions required by local laws consistent with this chapter; 29  (8) use other items including but not limited to bicycles, unicycles, 30 coasters, roller skates, or roller blades at the facility unless otherwise allowed by the 31 municipality.

01  Sec. 05.50.040. DUTIES OF MUNICIPALITIES. (a) A municipality that 02 operates a skateboarding facility shall maintain a sign system with concise, simple, and 03 pertinent information for the protection and instruction of skateboarders. Signs shall 04 be prominently placed at each facility. 05  (b) At least one sign posted at each facility must contain language substantially 06 similar to the following warning notice: 07 WARNING 08 Under Alaska Law, the risk of an injury to person or property 09 resulting from any of the inherent dangers of skateboarding rests 10 with the skateboarder. Inherent dangers and risks of 11 skateboarding include collisions with manmade objects, 12 collisions with other skateboarders, variations in slope, falling, 13 and the failure of skateboarders to skate within their own 14 abilities. 15  Sec. 05.50.050. DUTIES AND RESPONSIBILITIES OF SKATEBOARDERS. 16 A skateboarder who uses a municipal skateboarding facility 17  (1) is responsible for knowing the range of the person's own ability to 18 negotiate a skateboarding facility and to skateboard within the limits of a 19 skateboarder's ability; 20  (2) is responsible for an injury to a person or property resulting from 21 an inherent danger and risk of skateboarding, except that a skateboarder is not 22 precluded under this chapter from suing another skateboarder for an injury to person 23 or property resulting from the other skateboarder's acts or omissions; notwithstanding 24 any other provision of law, the risk of collision with another skateboarder is not an 25 inherent danger or risk of skateboarding in an action by one skateboarder against 26 another; 27  (3) has the duty to 28  (A) maintain control of the skateboarder's speed and course at 29 all times when skateboarding and to maintain a proper lookout so as to be able 30 to avoid other skateboarders, objects, and debris; however, a person 31 skateboarding on a downhill slope has a primary duty to avoid collision with

01 a person or object below the skateboarder; 02  (B) perform a visual inspection of the facility before each use; 03  (C) ensure that all areas of the facility the skateboarder intends 04 to use are free and clear of natural or manmade debris that would interfere with 05 the skateboarder's use of the facility; 06  (D) heed all posted information and other warnings and to 07 refrain from acting in a manner that may cause or contribute to the injury of 08 the skateboarder; evidence that signs as required by AS 05.50.040 or as 09 required by consistent local laws were present, visible, and readable at the 10 beginning of a given day creates the presumption that skateboarders using the 11 skateboarding facility on that day have seen and understood the sign; and 12  (4) may not 13  (A) skateboard in a facility or a portion of a facility that has 14 been posted as "closed"; or 15  (B) use a skateboarding facility while the skateboarder's ability 16 is impaired by the influence of alcohol or a controlled substance as defined in 17 AS 11.71.900 or other drugs. 18  Sec. 05.50.060. COMPETITION: IMMUNITY FOR MUNICIPALITY 19 OPERATING A SKATEBOARDING FACILITY. (a) A municipality that operates 20 a skateboarding facility shall, before the beginning of a skateboard competition, allow 21 an athlete who will skateboard in the competition a reasonable visual inspection of the 22 course or area where the competition is to be held. 23  (b) A person skateboarding in competition assumes the risk of all course or 24 area conditions, course construction or layout, and obstacles that a visual inspection 25 would have revealed. A municipality is not liable for injury to a person who 26 skateboarded in competition at a skateboarding facility operated by the municipality 27 and who is injured as a result of a risk described in this subsection. 28  Sec. 05.50.100. DEFINITIONS. In this chapter, 29  (1) "inherent danger and risk of skateboarding" means a danger or 30 condition that is an integral part of the sport of skateboarding including collisions with 31 man-made objects; impact with ramps, signs, posts, fences, or enclosures, or other

01 man-made structures and their components; variations in slope and steepness; collisions 02 with other skateboarders; and the failure of skateboarders to skateboard within their 03 own abilities; the term "inherent danger and risk of skateboarding" does not include 04 the negligence of a municipality that is responsible for the operation of a skateboarding 05 facility; 06  (2) "injury" means property damage, personal injury, or death. 07 * Sec. 2. APPLICABILITY. This Act applies to a civil action that accrues on or after the 08 effective date of this Act. 09 * Sec. 3. This Act takes effect July 1, 1995.