SB 175: "An Act relating to civil liability for commercial recreational activities and for guest passengers on an aircraft or watercraft; and providing for an effective date."
00 SENATE BILL NO. 175 01 "An Act relating to civil liability for commercial recreational activities and for guest 02 passengers on an aircraft or watercraft; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 PURPOSE OF SECTION 2. It is the purpose of sec. 2 of this Act to establish the 07 responsibilities of persons who operate commercial recreational activities and persons who 08 participate in those recreational activities and to decrease uncertainty regarding the legal 09 responsibility for injuries that result from participation in commercial recreational activities. 10 It is also the purpose of sec. 2 of this Act to encourage the continued availability of businesses 11 that offer commercial recreational activities to the public. 12 * Sec. 2. AS 05 is amended by adding a new chapter to read: 13 Chapter 50. Civil Liability for Commercial 14 Recreational Activities.
01 Sec. 05.50.010. Acceptance of inherent risks. Participation in a commercial 02 recreational activity constitutes acceptance of the inherent risks of the commercial 03 recreational activity that are or should be apparent to an ordinarily prudent person. 04 Sec. 05.50.020. Contributory negligence. (a) A person who accepts an 05 inherent risk of a commercial recreational activity as described in AS 05.50.010 is 06 contributorily negligent to the extent that the inherent risk causes injury, death, or 07 property damage. 08 (b) In an action seeking to recover damages for injury or death to a person or 09 harm to property resulting from an inherent risk of a commercial recreational activity, 10 compensatory damages shall be reduced for contributory negligence as provided under 11 AS 09.17.060. 12 Sec. 05.50.030. Responsibilities of participants. A participant in a 13 commercial recreational activity has the responsibility to 14 (1) learn about and expressly accept the risks of the activities; 15 (2) act within the limits of the person's abilities and as allowed by the 16 person's health; 17 (3) heed all warnings regarding participation in the commercial 18 recreational activity; 19 (4) maintain control of the participant's person, a minor under the 20 control of the participant, and any equipment, devices, or animals the participant is 21 using or that are under the control of the participant; 22 (5) refrain from acting in a manner that may cause or contribute to 23 injury of the participant or another person. 24 Sec. 05.50.040. Responsibilities of operators of commercial recreational 25 activities. A person who operates a business that offers a commercial recreational 26 activity shall 27 (1) explain to a participant 28 (A) the fundamental inherent risks of the commercial 29 recreational activity; and 30 (B) the skills and equipment required to participate in the 31 commercial recreational activity that are not apparent to an inexperienced
01 participant; 02 (2) require that employees who are directly responsible for assisting 03 participants in the field in the actual performance of a commercial recreational activity 04 have training in basic first aid and cardiopulmonary resuscitation and explain to those 05 employees how to use emergency medical services available in the area; 06 (3) maintain recreational equipment and facilities in good repair; 07 (4) provide trained and competent personnel; and 08 (5) act in a reasonably safe and competent manner. 09 Sec. 05.50.050. Interaction with other laws. This chapter does not affect the 10 immunity of an owner of unimproved land under AS 09.65.200 or of a ski area 11 operator under AS 05.45. 12 Sec. 05.50.060. Effect of violations. A person who operates a business that 13 offers a commercial recreational activity and who violates AS 05.50.040 is negligent 14 and civilly liable to the extent the violation causes injury to a person or damage to 15 property. 16 Sec. 05.50.100. Definitions. In this chapter, 17 (1) "commercial recreational activity" means a recreational activity for 18 which the participants pay compensation; 19 (2) "recreational activity" means an outdoor activity undertaken for the 20 purpose of exercise, education, relaxation, pleasure, sport, or as a hobby. 21 * Sec. 3. AS 09.65 is amended by adding a new section to read: 22 Sec. 09.65.112. Civil liability for aircraft and watercraft guest passengers. 23 (a) An owner or operator of an aircraft or watercraft is not liable for the civil damages 24 of a person being transported in the owner's or operator's aircraft or watercraft if the 25 owner or operator is not for hire or being compensated for the transportation. In this 26 subsection, "compensated" means a substantial payment in money, services, or 27 materials, but does not include a token payment. 28 (b) This section does not apply to a civil action 29 (1) for damages resulting from 30 (A) gross negligence or reckless or intentional misconduct; 31 (B) an act or omission of an owner or operator of an aircraft or
01 watercraft who is a common carrier; or 02 (C) an act or omission of an owner or operator of an aircraft or 03 watercraft that occurs while demonstrating an aircraft or watercraft to a 04 prospective buyer; or 05 (2) described under (a) of this section if the owner or operator 06 (A) has insurance that would compensate the claimant for civil 07 damages awarded against the owner or operator; an owner or operator who is 08 insured as described in this subparagraph is not liable for civil damages 09 described in (a) of this section that exceed the applicable insurance; or 10 (B) does not have insurance that would compensate a person 11 being transported as described under (a) of this section for civil damages 12 awarded against the owner or operator and, before the person being transported 13 enters the aircraft or watercraft, the owner or operator fails to provide notice to 14 the person being transported that the owner or operator is uninsured as 15 described in this subparagraph. 16 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 APPLICABILITY. This Act applies to acts or omissions that occur on or after the 19 effective date of this Act. 20 * Sec. 5. This Act takes effect July 1, 2003.