Section 09.65.290. Civil liability for sports or recreational activities.

   (a) A person who participates in a sports or recreational activity assumes the inherent risks in that sports or recreational activity and is legally responsible for all injuries or death to the person or other persons and for all damage to property that results from the inherent risks in that sports or recreational activity.
   (b) This section does not require a provider to eliminate, alter, or control the inherent risks within the particular sports or recreational activity that is provided.
   (c) This section does not apply to a civil action based on the
        (1) negligence of a provider if the negligence was the proximate cause of the injury, death, or damage; or
        (2) design or manufacture of sports or recreational equipment or products or safety equipment used incidental to or required by a sports or recreational activity.
   (d) Nothing in this section shall be construed to conflict with or render as ineffectual a liability release agreement between a person who participates in a sports or recreational activity and a provider.
   (e) In this section,
        (1) "inherent risks" means those dangers or conditions that are characteristic of, intrinsic to, or an integral part of a sports or recreational activity;
        (2) "provider" means a person or a federal, state, or municipal agency that promotes, offers, or conducts a sports or recreational activity, whether for pay or otherwise;
        (3) "sports or recreational activity"
             (A) means a commonly understood sporting activity, whether undertaken with or without permission, including baseball, softball, football, soccer, basketball, hockey, bungee jumping, parasailing, bicycling, hiking, swimming, skateboarding, horseback riding and other equine activity, dude ranching, mountain climbing, river floating, whitewater rafting, canoeing, kayaking, hunting, fishing, backcountry trips, mushing, backcountry or helicopter-assisted skiing, alpine skiing, Nordic skiing, snowboarding, telemarking, snow sliding, snowmobiling, off-road and all-terrain vehicle use;
             (B) does not include
                  (i) boxing contests, sparring or wrestling matches, or exhibitions that are subject to the requirements of AS 05.10;
                  (ii) activities involving the use of devices that are subject to the requirements of AS 05.20; or
                  (iii) skiing or sliding activities at a ski area that are subject to the requirements of AS 05.45.

Authorities

5.25.040; 9.65.202; 9.65.292

Notes

References

AS 5.25.040 .040">Sec. 05.25.040. Owner's civil liability.
AS 9.65.202 .202">Sec. 09.65.202. Tort immunity for landowners' allowing recreational activity; adverse possession.
AS 9.65.292 .292">Sec. 09.65.292. Parental waiver of child's negligence claim against provider of sports or recreational activity.

History

(Sec. 3 ch 121 SLA 2003)