(A) Except as provided in subsection (B), an operator is not liable for an injury to or the death of a skater or spectator resulting from an inherent risk of skating, and no skater, skater's representative, spectator, or spectator's representative may make a claim against, maintain an action against, or recover from an operator, for injury, loss, damage, or death of the skater or spectator resulting from an inherent risk of skating.
(B) Nothing in subsection (A) prevents or limits the liability of an operator to a skater, spectator, or their representative if the operator:
(1) breached his duty as provided in Section 52-21-20 and the breach is the proximate cause of the injury or death;
(2) committed an act or omission that constitutes wilful or wanton disregard for the safety of the skater or spectator and that act or omission caused the injury; or
(3) intentionally injured the skater or spectator.
HISTORY: 1996 Act No. 293, Section 1, eff upon approval (became law without the Governor's signature on May 7, 1996).
Editor's Note
1996 Act No. 293 Section 2, provides in part:
SECTION 2. "This act applies only to causes of action arising on or after this act's effective date."