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Repealed or Renumbered Repealed or Renumbered Repealed or Renumbered The agent of a transferor or transferee is not liable for an innocent misrepresentation in information provided to the transferor or transferee in the transfer of an interest in real property if the agent does not have personal knowledge of the error, inaccuracy, or omission that is the basis for the misrepresentation. Repealed or Renumbered A civil action to recover damages or to seek injunctive relief may not be brought against a person who manufactures or sells firearms or ammunition if the action is based on the lawful sale, manufacture, or design of firearms or ammunition. However, this section does not prohibit a civil action resulting from a negligent design, a manufacturing defect, a breach of contract, or a breach of warranty. An aircraft or power plant technician or mechanic certified by the Federal Aviation Administration who participates without compensation in a voluntary aircraft safety inspection program is not liable for civil damage resulting from an act or omission arising out of an aircraft safety inspection in that program unless the act or omission constitutes gross negligence or reckless or intentional misconduct. Repealed or Renumbered The owner of an interest in real property, the owner's agent, and the agent of the transferee of the interest are not liable to the transferee for the owner or agent's failure to disclose information on the real property to the transferee, if the disclosure would constitute discrimination prohibited by 42 U.S.C. 3601 - 3631 (Fair Housing Act).
In this section, 'transferee' includes a purchaser, lessee, and easement holder. A person who reports health care data required to be reported under Section 18.05 and regulations adopted under that chapter for conditions or diseases of public health significance may not be held liable for the disclosure to the Department of Health and Social Services or for the use of the data by the department. Repealed or Renumbered Repealed or Renumbered Repealed or Renumbered An action may be maintained by an incorporated borough, city, or other public corporation of like character in its corporate name, and upon a cause of action accruing to it in its corporate character
(1) upon a contract made with the public corporation;
(2) upon a liability prescribed by law in favor of the public corporation;
(3) to recover a penalty or forfeiture given to the public corporation;
(4) to recover damages for an injury to the corporate rights or property of the public corporation.
Notwithstanding another provision of law, the state and its officers, agents, and employees are not liable in tort,
except for an act or omission that constitutes gross negligence or reckless or intentional misconduct, for damages for the injury to or death of a person or property damage resulting from the supervision of, training of, actions of or failure to act of, or use of or failure to use village public safety officers in communicating with or monitoring the activities of persons on probation or parole. Repealed or Renumbered (a) A utility offering electrical service to the public for compensation under a certificate of public convenience and necessity issued by the former Alaska Public Utilities Commission or the Regulatory Commission of Alaska under Section 42.05.221
may not be held strictly liable for property damage, death, or personal injury resulting from an act or omission of the utility relating to the production, delivery, or sale of electricity.
(b) This section does not preclude liability for civil damages that are the result of an intentional, reckless, or negligent act or omission.
(a) A person who provides equipment or services on the request of a police agency, fire department, rescue or emergency squad, or other governmental agency during a state of emergency declared by an authorized representative of the state or local government is not liable for the death of or injury to any person or damage to any property caused by that person's actions, except when the trier of facts finds that the person acted intentionally, recklessly, or with gross negligence.
(b) This section does not affect the right of a person to receive benefits to which the person would otherwise be entitled under the workers' compensation law or under any pension law, nor does it affect entitlement to any other benefits or compensation authorized by state or federal law.
(a) A veterinarian licensed in this or another licensing jurisdiction, or a person working under the direct supervision of a licensed veterinarian, who renders emergency care to an injured or ill animal that reasonably appears to the veterinarian or supervised person to be in immediate need of emergency aid in order to avoid serious harm or death is not liable for civil damages as a result of an act or omission in rendering emergency aid.
(b) This section does not apply to service rendered at the request of an owner of the animal and does not preclude liability for civil damages as a result of gross negligence or reckless or intentional misconduct.
(a) The driver of a vehicle approaching a physically disabled pedestrian who is carrying a white or metallic-colored cane,
or using special equipment for mobility, or using a service animal, shall take precautions necessary to avoid injury to the pedestrian or the service animal. A driver who fails to take necessary precautions and, as a result, causes injury to the pedestrian or the service animal, or causes property damage, is liable for the injury or damage caused.
(b) In this section
(1) 'physically disabled pedestrian' means a person who has a physical condition that limits the person's ability to function as a pedestrian without the assistance of another person, a service animal, a cane, or other equipment or device;
(2) 'service animal' means a dog guide or other animal that assists a physically disabled person to function as a pedestrian.
A civil action for damages or costs may not be brought against a negotiated regulation making committee established under Section 44.62.710
- 44.62.800 or any of its members for an act or omission occurring in the course and scope of the official duties of the committee under Section 44.62.710 - 44.62.800. (a) A peace officer or fire fighter injured while in the line of duty or the personal representative of a peace officer or fire fighter who died in the line of duty may not bring a civil action to recover damages for a negligent act or omission if the negligent act or omission created the need for the activity being performed by the peace officer or fire fighter.
(b) This section does not apply to a negligent act or omission that is unrelated to the activity that created the need for the presence of the peace officer or fire fighter.
(c) In this section, 'fire fighter' means a person employed by a municipal fire department or who is a member of a volunteer fire department registered with the state fire marshal, or a person registered for purposes of workers'
compensation with the state fire marshal as a member of a volunteer fire department.
An employer who discloses information about the job performance of an employee or former employee to a prospective employer of the employee or former employee at the request of the prospective employer or the employee or former employee is presumed to be acting in good faith and, unless lack of good faith is shown by a preponderance of the evidence, may not be held liable for the disclosure or its consequences. For purposes of this section, the presumption of good faith is rebutted upon a showing that the employer or former employer
(1) recklessly, knowingly, or with a malicious purpose disclosed false or deliberately misleading information; or
(2) disclosed information in violation of a civil right of the employee or former employee that is protected under Section 18.80 or under comparable federal law.
(a) Except as provided in (b) of this section, a person who owns or operates a zoo is strictly liable for injury to a person or property if the injury is caused by an animal owned by or in the custody of the zoo.
(b) A person who owns or operates a zoo is not strictly liable as provided in (a) of this section if
(1) the animal that caused the injury was within the animal's normal place of confinement at the time the injury occurred;
(2) the zoo owner or operator had posted signs at prominent places within the zoo, including at each entrance, warning that the liability of the zoo for injuries caused by animals within their normal place of confinement is limited by law; and
(3) the enclosure within which the animal was confined at the time of the injury was constructed and maintained in a manner that prevents a person who exercises ordinary care customary for a person of similar age, intelligence, and experience from contacting the animal or entering the enclosure.
A person, including the state and its subdivisions, agencies, officers, and employees, may not be held liable for good faith
(1) compliance with a subpoena of this or another state that requests information, including the social security number and employment history of a person, issued by the child support services agency created in Section 25.27.010
, or the child support enforcement agency of another state, for child support purposes authorized under law;
(2) collection of child support, including encumbering or surrendering assets in response to a notice of lien or levy for the payment of child support; or
(3) compliance with an income withholding notice or an order to withhold and deliver that is regular on its face and is for child support purposes.
(a) An owner of unimproved land is not liable in tort, except for an act or omission that constitutes gross negligence or reckless or intentional misconduct, for damages for the injury to or death of a person who enters onto or remains on the unimproved portion of land if
(1) the injury or death resulted from a natural condition of the unimproved portion of the land or the person entered onto the land for recreation; and
(2) the person had no responsibility to compensate the owner for the person's use or occupancy of the land.
(b) This section does not enhance or diminish rights granted under former 43 U.S.C. 932 (R.S. 2477).
(c) In this section, 'unimproved land' includes land that contains
(1) a trail;
(2) an abandoned aircraft landing area; or
(3) a road built to provide access for natural resource extraction, but which is no longer maintained or used.
(a) A person may not bring a civil action for damage or harm caused by an individual for whom a federal firearm certificate was executed if the action arises from the execution of the federal firearm certificate by a public official with the authority under federal law to execute the certificate and the individual causing the damage or harm
(1) is the transferee of the firearm; and
(2) at the time the certificate is executed either
(A) has a permit to carry a concealed handgun issued under Section 18.65.700; or
(B) meets the qualifications imposed under Section 18.65.705
(1) - (5) for obtaining a concealed handgun permit.
(b) In this section, 'federal firearm certificate' means the certificate required on a federal 'Form 1 (Firearms),' 'Form
4 (Firearms),' or 'Form 5 (Firearms).'
(a) A civil or criminal action arising out of battery may not be brought against a health care provider for the act of taking a blood sample if the sample is taken
(1) at the request of a police officer under the circumstances specified in Section 28.35.035
or when the arresting officer has a search warrant or court order authorizing the taking of the blood sample; and
(2) without the use of excessive or unreasonable force.
(b) In this section,
(1) 'health care provider' means a nurse licensed under Section 08.68, a physician licensed under Section 08.64, and a person certified by a hospital as competent to take blood samples;
(2) 'hospital' means a hospital as defined in Section 18.20.130
, including a governmentally owned or operated hospital.
(c) Nothing in this section shall be construed to prohibit recovery of damages incident to the improper or negligent withdrawal of blood.
(a) Unless the act or omission constituted gross negligence, a person may not recover tort damages for personal injury,
death, or damage to property for an act or omission to act in the course and scope of official duties, from one of the following:
(1) a member of the board of directors or an officer of a nonprofit corporation;
(2) a member of the board of directors of a public or nonprofit hospital, or a member of a citizen's advisory board of any hospital;
(3) a member of a school board of a school district;
(4) a member of the governing body, a commission, or a citizen's advisory committee of a municipality of the state;
(5) a member of the board of directors, an officer, or an employee of a regional development organization.
(b) Notwithstanding (a) of this section, the duties and liabilities of a director or officer of a nonprofit corporation to the corporation or the corporation's shareholders may not be limited or modified.
(c) In this section,
(1) 'nonprofit corporation ' means a corporation that qualifies for exemption from taxation under 26 U.S.C. 501(c)(3) or
(4) (Internal Revenue Code);
(2) [See delayed amendment note]. 'regional development organization' has the meaning given in Section 44.33.895
.
(a) Except as provided in (c) of this section, a person who without compensation constructs, maintains, or repairs an aircraft runway, airfield, or landing area may not be held civilly liable, except for an act or omission that constitutes gross negligence or recklessness or intentional misconduct, for the injury to or death of a person or for damage to an aircraft, resulting from the use of the runway, airfield, or landing area to take off, land, park, or operate an aircraft.
(b) A person who is the owner or operator of an aircraft runway, airfield, or landing area is not civilly liable, except for an act or omission that constitutes gross negligence or recklessness or intentional misconduct, for the injury to or the death of a person or for damage to an aircraft, resulting from the use or attempted use of the runway, airfield,
or landing area to take off, land, park, or operate an aircraft while the runway, airfield, or landing area is
(1) marked as closed by placement of a large 'X' on the runway, in accordance with Federal Aviation Administration guidelines; and
(2) listed or charted, and designated as closed in the appropriate aeronautical charts and publications published by the Federal Aviation Administration.
(c) The immunity from civil liability under (a) of this section does not limit the liability of an owner or operator of an aircraft runway, airfield, or landing area to a provider of flight services or its passengers under contract with the owner or operator.
(a) A peace officer who intercepts an oral communication by use of an electronic, mechanical, or other eavesdropping device that is concealed on or carried on the person of the peace officer and that transmits that oral communication by means of radio to a receiving unit that is monitored by other peace officers, or who monitors the receiving unit, is not liable for damages to a person whose oral communication is intercepted if
(1) the interception and monitoring occurs
(A) during the investigation of a crime or the arrest of a person for a crime; and
(B) for the purpose of ensuring the safety of the peace officer conducting the investigation or making the arrest;
(2) the peace officer who intercepts the oral communication is a party to the communication and has consented to the interception; and
(3) the communication intercepted is not recorded.
(b) In this section,
(1) 'intercept' has the meaning given in Section 42.20.390
;
(2) 'oral communication' has the meaning given in Section 42.20.390
;
(3) 'peace officer' has the meaning given in Section 11.81.900
(b).
(a) A person who sells or barters a controlled substance in violation of Section 11.71 is strictly liable
(1) to the recipient or another person for civil damages if, while under the influence of the controlled substance, the person receiving the controlled substance engages in conduct that results in civil damages and the recipient's being under the influence of the controlled substance substantially contributes to the civil damages; and
(2) for the cost to the state or political subdivision to criminally prosecute a person who receives a controlled substance from a person who violates Section 11.71 if the prosecution results from the violation of Section 11.71 described in this subsection.
(b) In an action under (a) of this section, it is not a defense that the person receiving the controlled substance voluntarily consumed the controlled substance or was voluntarily under the influence of the controlled substance.
(c) In this section,
(1) 'civil damages' includes damages for personal injury, death, or injury to property of a person, including the state or a political subdivision of the state;
(2) 'controlled substance' has the meaning given in Section 11.71.900
.
(a) A person at a hospital or any other location who renders emergency care or emergency counseling to an injured, ill, or emotionally distraught person who reasonably appears to the person rendering the aid to be in immediate need of emergency aid in order to avoid serious harm or death is not liable for civil damages as a result of an act or omission in rendering emergency aid.
(b) A member of an organization that exists for the purpose of providing emergency services is not liable for civil damages for injury to a person that results from an act or omission in providing first aid, search, rescue, or other emergency services to the person, regardless of whether the member is under a preexisting duty to render assistance, if the member provided the service while acting as a volunteer member of the organization; in this subsection, 'volunteer'
means a person who is paid not more than $10 a day and a total of not more than $500 a year, not including ski lift tickets and reimbursement for expenses actually incurred, for providing emergency services.
(c) The immunity provided under (b) of this section does not apply to civil damages that result from providing or attempting to provide any of the following advanced life support techniques unless the person who provided them was authorized by law to provide them:
(1) manual electric cardiac defibrillation;
(2) administration of antiarrhythmic agents;
(3) intravenous therapy;
(4) intramuscular therapy; or
(5) use of endotracheal intubation devices.
(d) This section does not preclude liability for civil damages as a result of gross negligence or reckless or intentional misconduct.
(e) [Repealed, Sec. 2 ch 92 SLA 2003].
(f) [Repealed, Sec. 2 ch 92 SLA 2003].
(a) An owner or operator of an aircraft or watercraft is not liable for the civil damages of a person being transported in the owner's or operator's aircraft or watercraft if the aircraft or watercraft is not being used for commercial purposes.
(b) This section does not apply to a civil action
(1) for damages resulting from
(A) gross negligence or reckless or intentional misconduct;
(B) an act or omission of an owner or operator of an aircraft or watercraft if the aircraft or watercraft is being operated as a common carrier; or
(C) an act or omission of an owner or operator of an aircraft or watercraft that occurs while demonstrating an aircraft or watercraft to a prospective buyer; or
(2) described under (a) of this section if the owner or operator
(A) has insurance that would compensate the claimant for civil damages awarded against the owner or operator; an owner or operator who is insured as described in this subparagraph is not liable for civil damages described in (a) of this section that exceed the applicable insurance; or
(B) does not have insurance that would compensate a person being transported as described under (a) of this section for civil damages awarded against the owner or operator and, before the person being transported enters the aircraft or watercraft, the owner or operator fails to provide notice to the person being transported that the owner or operator is uninsured as described in this subparagraph.
(a) Except as provided in (b) of this section, a parent may, on behalf of the parent's child, release or waive the child's prospective claim for negligence against the provider of a sports or recreational activity in which the child participates to the extent that the activities to which the waiver applies are clearly and conspicuously set out in the written waiver and to the extent the waiver is otherwise valid. The release or waiver must be in writing and shall be signed by the child's parent.
(b) A parent may not release or waive a child's prospective claim against a provider of a sports or recreational activity for reckless or intentional misconduct.
(c) In this section,
(1) 'child' means a minor who is not emancipated;
(2) 'parent' means
(A) the child's natural or adoptive parent;
(B) the child's guardian or other person appointed by the court to act on behalf of the child;
(C) a representative of the Department of Health and Social Services if the child is in the legal custody of the state;
(D) a person who has a valid power of attorney concerning the child; or
(E) for a child not living with the child's natural or adoptive parent, the child's grandparent, aunt, uncle, sister, or brother who has reached the age of majority and with whom the child lives;
(3) 'provider' has the meaning given in Section 09.65.290
;
(4) 'sports or recreational activity' has the meaning given in Section 09.65.290.
(a) Notwithstanding Section 46.03.822
(a), neither the state nor a regional educational attendance area established under Section 14.08, nor an agent or employee of the state or a regional educational attendance area acting within the scope of that agency or employment, is subject to liability under Section 46.03.822
for damages, as defined in Section 46.03.822
(k) and 46.03.824, for the release of a hazardous substance at or from any facility used in relation to a regional educational attendance area school as described in Section
14.08.151
or at or from any facility used in relation to a school operated by the state under Section 14.16.
(b) In this section,
(1) 'facility' has the meaning given in Section 46.03.826
;
(2) 'hazardous substance' has the meaning given in Section 46.03.826
.
(a) A person who uses or attempts to use an automated external defibrillator device on a victim of a perceived medical emergency is not liable for civil damages resulting from the use or attempted use of the device. This subsection does not apply to civil damages resulting from a failure to notify the appropriate emergency medical services agency.
(b) A person who acquires or provides an automated external defibrillator device for use on a victim of a perceived medical emergency is not liable for civil damages resulting from the use or attempted use of the device. This subsection does not apply to civil damages resulting from the failure of the person who acquires or provides the device to
(1) notify the local emergency medical response authority or other appropriate entity of the most recent placement of the device within 30 days following placement of the device;
(2) properly maintain and test the device;
(3) provide, within a reasonable proximity to the device's usual location, a means of notifying the local emergency medical response authority that an emergency exists in the event that a medical emergency occurs where the device is used; or
(4) provide appropriate training in the use of the device to an employee or agent of the person who acquires or provides the device; however, this paragraph does not apply and immunity is provided under this subsection if the period of time elapsing between hiring the person as an employee or agent and the occurrence of the harm, or between the acquisition of the device and the occurrence of the harm in any case in which the device was acquired after hiring the employee or agent, was not in excess of six months.
(c) The immunity provided by (b) of this section does not apply to a manufacturer of an automated external defibrillator.
(d) In this section, 'appropriate training' means that the individual has completed an automated external defibrillator training course from the American Heart Association, the American Red Cross, or another automated external defibrillator training course approved by the Department of Health and Social Services.
(a) Except as provided in (b) of this section, in an action to recover damages for personal injury or wrongful death, a person who suffers personal injury or death or the person's personal representative under Section 09.55.570
or 09.55.580 may not recover damages for noneconomic losses if the injury or death occurred while the person was operating a motor vehicle and the person knew that the person was not in compliance with the motor vehicle liability insurance provisions of Section 28.22.011
or, if applicable, the motor vehicle liability insurance provisions of Section 28.20. In this subsection, 'damages for noneconomic losses' means the compensation claimed for the losses identified in Section 09.17.010
(a).
(b) The prohibition against the recovery of noneconomic losses in (a) of this section does not apply if the person who is liable for the personal injury or wrongful death
(1) was driving while under the influence of an alcoholic beverage, inhalant, or controlled substance;
(2) acted intentionally, recklessly, or with gross negligence;
(3) fled from the scene of the accident; or
(4) was acting in furtherance of an offense or in immediate flight from an offense that constitutes a felony as defined in Section 11.81.900
at the time of the accident.
(a) A hospital is not liable for civil damages as a result of an act or omission by an emergency room physician who is not an employee or actual agent of the hospital if the hospital provides notice that the emergency room physician is an independent contractor and the emergency room physician is insured as described under (c) of this section. The hospital is responsible for exercising reasonable care in granting privileges to practice in the hospital, for reviewing those privileges on a regular basis, and for taking appropriate steps to revoke or restrict privileges in appropriate circumstances. The hospital is not otherwise liable for the acts or omissions of an emergency room physician who is an independent contractor. The notice required by this subsection must (1) be posted conspicuously in all admitting areas of the hospital; (2) consist of a sign at least two feet high and two feet wide, with print at least two inches high;
(3) be published at least annually in a newspaper of general circulation in the area; and (4) be in substantially the following form:
Notice of Limited Liability
Notice to Hospital Users and
(Name of hospital) may not be responsible for the actions of emergency room physicians in (name of hospital's emergency room). The following emergency room physicians are independent contractors and are not employees of the hospital: (List specific emergency room physicians)
(b) This section does not preclude liability for civil damages that are the proximate result of the hospital's negligence or intentional misconduct.
(c) A hospital is not immune from liability under (a) of this section for an act or omission of an emergency room physician who is an independent contractor unless the emergency room physician has liability insurance coverage in the amount of at least $500,000 for each incident and $1,500,000 for all incidents in a year, and the coverage is in effect and applicable to those health care services offered by the emergency room physician that the hospital is required to provide by law or by accreditation requirements.
(d) In this section,
(1) 'emergency room physician' means a physician who does not have an ongoing physician-patient relationship with the emergency room patient and who provides emergency health care services in a hospital emergency room;
(2) 'hospital' has the meaning given in Section 18.20.130
and includes a governmentally owned or operated hospital;
(3) 'independent contractor' means an emergency room physician who is not an employee or actual agent of the hospital in connection with the rendition of the health care services.
(a) Except as otherwise provided in this section, a health care provider who provides health care services to another person is not liable for civil damages resulting from an act or omission in providing the health care services if the health care
(1) provider is licensed in this state to provide health care services;
(2) services provided were within the scope of the health care provider's license;
(3) services were provided at a medical clinic, medical facility, nonprofit facility, temporary emergency site, or other facility owned or operated by a governmental entity or nonprofit organization and the health care provider was acting within the scope of the provider's responsibilities in the medical clinic, governmental entity, or nonprofit organization;
(4) services were provided voluntarily and without pay to the health care provider for the services, except as provided in
(b)(2) and (3) of this section; and
(5) provider
(A) obtains informed consent from the person receiving the health care services as described under Section 09.55.556
, except in the case of an emergency; and
(B) provides the person receiving the health care services advance written notice of the immunity provided under this section to a health care provider when providing voluntary health care services as described under this section.
(b) This section does not preclude
(1) liability for civil damages that are the result of gross negligence or reckless or intentional misconduct;
(2) a health care provider from receiving payment or being reimbursed for expenses, including travel and room and board while providing voluntary services;
(3) a medical clinic or facility from charging for its services.
(c) In this section,
(1) 'health care provider' means a state licensed physician, physician assistant, dentist, dental hygienist, osteopath,
optometrist, chiropractor, registered nurse, practical nurse, nurse midwife, advanced nurse practitioner, naturopath,
physical therapist, occupational therapist, marital and family therapist, psychologist, psychological associate,
licensed clinical social worker, or certified direct-entry midwife;
(2) 'health care services' means services received by an individual in order to treat or to prevent illness or injury;
(3) 'nonprofit organization' means an organization that qualifies for exemption from taxation under 26 U.S.C. 501(c)(3) or
(4) (Internal Revenue Code).
(a) Except as provided in this section, an action may be maintained against a municipality in its corporate character and within the scope of its authority.
(b) A municipality may not require a person to post bond as a condition to bringing a cause of action against it.
(c) An action may not be maintained against an employee or member of a fire department operated and maintained by a municipality or village if the claim is an action for tort or breach of a contractual duty and is based upon the act or omission of the employee or member of the fire department in the execution of a function for which the department is established.
(d) An action for damages may not be brought against a municipality or any of its agents, officers, or employees if the claim
(1) is based on a failure of the municipality, or its agents, officers, or employees, when the municipality is neither owner nor lessee of the property involved,
(A) to inspect property for a violation of any statute, regulation, or ordinance, or a hazard to health or safety;
(B) to discover a violation of any statute, regulation, or ordinance, or a hazard to health or safety if an inspection of property is made; or
(C) to abate a violation of any statute, regulation, or ordinance, or a hazard to health or safety discovered on property inspected;
(2) is based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty by a municipality or its agents, officers, or employees, whether or not the discretion involved is abused;
(3) is based upon the grant, issuance, refusal, suspension, delay, or denial of a license, permit, appeal, approval,
exception, variance, or other entitlement, or a rezoning;
(4) is based on the exercise or performance during the course of gratuitous extension of municipal services on an extraterritorial basis;
(5) is based upon the exercise or performance of a duty or function upon the request of, or by the terms of an agreement or contract with, the state to meet emergency public safety requirements; or
(6) is based on the exercise or performance of a duty in connection with an enhanced 911 emergency system and is not based on an intentional act of misconduct or on an act of gross negligence.
(e) In this section
(1) 'municipality' has the meaning given in Section 01.10.060
and includes a public corporation established by a municipality;
(2) 'village' means an unincorporated community where at least 25 people reside as a social unit.
(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 Section 05.10;
(ii) activities involving the use of devices that are subject to the requirements of Section 05.20; or
(iii) skiing or sliding activities at a ski area that are subject to the requirements of Section 05.45.
A person who suffers personal injury or death or the person's personal representative under Section 09.55.570
or 09.55.580 may not recover damages for the personal injury or death if the injury or death occurred while the person was
(1) engaged in the commission of a felony, the person has been convicted of the felony, including conviction based on a guilty plea or plea of nolo contendere, and the party defending against the claim proves by clear and convincing evidence that the felony substantially contributed to the personal injury or death;
(2) engaged in conduct that would constitute the commission of an unclassified felony, a class A felony, or a class B felony for which the person was not convicted and the party defending against the claim proves by clear and convincing evidence
(A) the felonious conduct; and
(B) that the felonious conduct substantially contributed to the personal injury or death;
(3) fleeing after the commission, by that person, of conduct that would constitute an unclassified felony, a class A felony, or a class B felony or being apprehended for conduct that would constitute an unclassified felony, a class A felony, or a class B felony if the party defending against the claim proves by clear and convincing evidence
(A) the felonious conduct; and
(B) that the conduct during the flight or apprehension substantially contributed to the injury or death;
(4) operating a vehicle, aircraft, or watercraft while under the influence of intoxicating liquor or any controlled substance in violation of Section 28.35.030
, was convicted, including conviction based on a guilty plea or plea of nolo contendere, and the party defending against the claim proves by clear and convincing evidence that the conduct substantially contributed to the personal injury or death; or
(5) engaged in conduct that would constitute a violation of Section 28.35.030 for which the person was not convicted if the party defending against the claim proves by clear and convincing evidence
(A) the violation of Section 28.35.030
; and
(B) that the conduct substantially contributed to the personal injury or death.
(a) A person is not liable beyond the limits of any applicable insurance policy purchased by or on behalf of the owner of the vehicle for damages resulting from a motor vehicle accident if the person was driving a vehicle involved in the accident and
(1) before the accident, started driving the vehicle involved in the accident from or near licensed premises;
(2) is, at the time of the accident, a person employed in the course and scope of employment to or under contract to drive a taxicab or limousine, a taxicab or limousine owner, a holder of a taxicab or limousine permit issued by a municipality, or an owner or employee of a company that dispatches taxicabs or limousines;
(3) was not under the influence of an alcoholic beverage, inhalant, or controlled substance at the time of the accident;
(4) was driving the vehicle to the motor vehicle owner's residence or designated residential location at the request of the motor vehicle owner or operator or a law enforcement officer; and
(5) was driving the vehicle because the motor vehicle owner or operator was under the influence of an alcoholic beverage or reasonably believed to be under the influence of an alcoholic beverage.
(b) A person licensed under Section 04.11.080
- 04.11.250, or an agent or employee of the person,
is not liable for damages resulting from a motor vehicle accident described under (a) of this section. A person or entity that participates in making arrangements for transportation of a vehicle under (a) of this section is not liable for damages resulting from a motor vehicle accident described in (a) of this section.
(c) This section does not
(1) preclude liability for civil damages as a result of gross negligence or reckless or intentional misconduct;
(2) limit the ability of a person to recover damages under any applicable uninsured or underinsured motor vehicle insurance coverage; or
(3) limit the ability of a person to recover damages under any applicable liability insurance coverage purchased by or on behalf of the person being transported under (a) of this section.
(d) A motor vehicle owner is considered to have given consent to another person to drive the owner's motor vehicle if the other person is involved in an accident and the provisions of (a) of this section apply to the other person.
(e) In this section,
(1) 'controlled substance' has the meaning given in Section 28.33.190
;
(2) 'inhalant' has the meaning given to the phrase 'hazardous volatile material or substance' in Section 47.37.270
;
(3) 'licensed premises' has the meaning given in Section 04.21.080
.
(a) In a civil action based on a contract, a business or a member of the board of directors of a business is not liable for damages arising from the year 2000 date change and caused directly or indirectly by a failure of an electronic computing device used in the business if the business shows by a preponderance of the evidence that
(1) the business made substantial efforts to avoid the damages claimed in the civil action, such as
(A) inventorying the electronic computing devices used by the business that may experience year 2000 date change failures;
(B) identifying critical electronic computing devices necessary to conduct the operations of the business;
(C) identifying the potential for year 2000 date change failures associated with electronic computing devices used by the business;
(D) preparing a plan to reprogram, fix, repair, replace, or otherwise remedy the electronic computing devices necessary to avert failure resulting from the year 2000 date change;
(E) complying with generally accepted practices of a business sector related to the year 2000 date change, including testing information systems for compliance with the year 2000 date change; and
(F) developing contingency plans in the event of an electronic computing device failure; or
(2) the business used reasonable care to prevent or remedy damages arising from the year 2000 date change and caused directly or indirectly by a failure of an electronic computing device.
(b) The defense in (a) of this section may not be asserted by a business that develops or manufactures software, firmware,
microcode, hardware, or embedded microchips that create, read, write, calculate, compare, sequence, or otherwise process data that consists of dates, times, or both dates and time if the business represented that the software,
firmware, microcode, hardware, or microchips were year 2000 date change compliant. This subsection does not apply to a business that only sells, rents, or leases software, firmware, microcode, or hardware that is developed or manufactured by another person.
(c) A civil action based on a contract against a business, or member of the board of directors of a business, for damages arising from the year 2000 date change and caused directly or indirectly by a failure of an electronic computing device used in the business may not be brought as a class action unless the aggregate claim of all members of the class for economic loss exceeds $150,000.
(d) In a civil action based on a contract against a business, or member of the board of directors of a business, for damages arising from the year 2000 date change and caused directly or indirectly by a failure of an electronic computing device used in the business,
(1) damages may not be awarded for noneconomic losses if the party bringing the claim is unable to prove by a preponderance of the evidence that the party defending the claim knew, or should have known, that the failure of the electronic computing device would cause the damages claimed in the civil action;
(2) the civil action may not proceed to trial until the person bringing the action, if appropriate,
(A) provides, if able to do so, written notice to the business that describes the failure of the mechanism that contains an electronic computing device arising from the year 2000 date change; and
(B) gives the business the opportunity to fix the problem, including reasonable access to electronic computing devices or software affected by the failure described under (A) of this paragraph;
(3) a provision of this section that conflicts with a year 2000 date change provision contained in a valid and enforceable contract between the parties to the civil action may not be applied in that civil action.
(e) This section does not apply to a civil action against a business, or a member of the board of directors of a business,
for damages for personal injury or wrongful death arising from the year 2000 date change and caused directly or indirectly by a failure of an electronic computing device.
(f) In this section,
(1) 'business' means a person or a for profit or a nonprofit entity engaged in a trade, service, profession, or activity with the goal of receiving a financial benefit in exchange for the provision of services, goods, or other property;
(2) 'electronic computing device' includes any computer hardware or software, a computer chip, an embedded chip, process control equipment, or other information system that is used to capture, store, manipulate, or process data;
(3) 'year 2000 date change' includes processing date or time data from, into, and between the Twentieth and Twenty-First Centuries, and leap-year calculations; in this paragraph, 'processing' includes calculating, comparing, sequencing,
displaying, and storing.
(a) Livestock are unpredictable and inherently dangerous. All persons who knowingly place themselves in proximity to livestock for any reason involving an activity that includes livestock subject themselves to serious injury or death and are considered a participant in livestock activity and assume the risk of injury or death caused by the livestock.
(b) Except as otherwise provided in this section, a person, and the personal representative of a person, who suffers an injury or death resulting from a livestock activity may not recover civil damages for the injury or death from a livestock activity sponsor, livestock professional, or livestock activity participant, or the agents or employees of a livestock activity sponsor, livestock professional, or livestock activity participant.
(c) This section does not affect a civil action for damages resulting from
(1) gross negligence or reckless or intentional misconduct of the livestock activity sponsor, livestock professional, or livestock activity participant, or agents or employees of the livestock activity sponsor, livestock professional, or livestock activity participant;
(2) equipment, tack, or a product provided by the livestock activity sponsor, livestock professional, or livestock activity participant that the livestock activity sponsor, livestock professional, or livestock activity participant knows is faulty or defective;
(3) the failure of the livestock activity sponsor, livestock professional, or livestock activity participant who provided the livestock to make a reasonable and prudent effort to determine the ability of the participant to safely manage the livestock activity, after taking into account the participant's representation of ability; a participant in a livestock show, livestock sale, or rodeo is presumed to be competent to handle livestock if an entry form is required for the activity and is signed or submitted by the participant.
(d) This section does not nullify coverage or an award for an injury to or death of an employee of a livestock activity sponsor or livestock professional if the employee suffers an injury or death resulting from a livestock activity and the injury or death is covered by or subject to workers' compensation provisions under Section 23.30.
(e) This section does not prevent or limit the liability of a livestock activity sponsor, livestock professional, or livestock activity participant, or their agents or employees under a liability provision as provided in a law relating to product liability.
(f) A livestock activity sponsor may not be held vicariously liable for the acts or omissions of a livestock activity participant or a livestock professional.
(g) A person may agree, in writing, to waive the entire right to recover damages resulting from an inherent risk of a livestock activity.
(h) This section does not affect the immunity of an owner of unimproved land under Section 09.65.200
.
(i) In this section,
(1) 'inherent risk of a livestock activity' means those dangers or conditions that are an integral part of a livestock activity, including
(A) the propensity of livestock to behave in ways that may result in injury to a person on or around livestock;
(B) the unpredictability of livestock's reaction to sound, sudden movement, and unfamiliar objects or persons, or other animals;
(C) hazards or conditions unknown to a livestock activity sponsor;
(D) collisions with other livestock or objects;
(E) the potential of tack to become dislodged or move in ways that may result in injury to a person on or around a livestock activity; and
(F) the potential of a person to negligently engage in conduct that contributes to an injury or death during a livestock activity;
(2) 'livestock' includes a domestic cow, domestic bison, hog, sheep, goat, domestic musk-ox, yak, pig, legally possessed caribou, reindeer, domestic elk, rabbit, hamster, guinea pig, turkey, chicken, pheasant, peafowl, pigeon, horse, mule,
donkey, camel, llama, alpaca, or a waterfowl that does not require a federal permit; 'livestock' does not mean a dog or cat;
(3) 'livestock activity' includes
(A) livestock shows, fairs, sales, competitions, or performances that involve any or all breeds of livestock and any of the livestock disciplines, including rodeos, auctions, driving, pulling, judging, cutting, therapeutic riding, and showing;
(B) livestock training or teaching activities or both training and teaching activities;
(C) boarding or pasturing livestock;
(D) testing, inspecting or evaluating livestock belonging to another person, whether or not the owner has received monetary consideration or other thing of value for the use of the livestock or is permitting a prospective purchaser of the livestock to inspect or evaluate the livestock;
(E) driving, riding, grooming, traveling, or other livestock activities of any type, however informal or impromptu, that are sponsored by a livestock activity sponsor;
(F) placing or replacing horseshoes on an equine, or otherwise preparing livestock for show; and
(G) assisting in providing medical treatment to livestock;
(4) 'livestock activity sponsor' means an individual, group, club, partnership, limited liability company, nonprofit corporation, or corporation operating for profit that sponsors, organizes, or provides the livestock, equipment, tack,
facilities, or instruction for a livestock activity;
(5) 'livestock professional' means a person who receives compensation for instructing a participant, renting livestock to a participant for the purpose of engaging in livestock activity, or renting equipment or tack to a participant;
(6) 'participant' means a person, whether amateur or professional, who engages in a livestock activity or who is near or close to livestock, whether or not a fee is paid to participate in the livestock activity.
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