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IN HB1045
Bill
Status
4/30/2015
Primary Sponsor
Alan Morrison
Click for details
AI Summary
HEA 1045 Summary
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Establishes limited liability protections for elementary, secondary, and postsecondary schools that operate recreational facilities, effective July 1, 2015.
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Requires facility operators to post duties and notices in at least 3 conspicuous locations, maintain a trained floor supervisor when facilities are indoors and open, keep floors and equipment in safe condition, and comply with all fire safety and building codes.
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Defines recreational users' responsibilities including maintaining reasonable speed control, using due care with equipment, heeding posted warnings, and accepting responsibility for knowing their ability limits.
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Establishes assumption of risk as a complete defense against liability for injuries from collisions with other users, falls from loss of balance, contact with objects or structures, or user violations of posted duties.
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Eliminates the complete defense only if operators breach their duties under the law; in those cases, comparative fault provisions apply unless governmental immunity under IC 34-13-3 applies to the operator.
Legislative Description
Recreational facility immunity. Specifies the duties and responsibilities of the users and the operator of a recreational facility operated by an elementary, secondary, or postsecondary educational institution. Specifies that the operator of such a recreational facility who fulfills the operator's duties and responsibilities has a complete defense to a civil action. Makes conforming amendments.
Last Action
Public Law 95
4/30/2015