Sec. 4. (a) Except as provided in subsection (b) and notwithstanding IC 34-51-2-6 concerning comparative fault, the assumption of risk under section 3 of this chapter is a complete defense to an action against an operator by a roller skater for injuries and property damage resulting from the assumed risks.
(b) The following applies if an operator has violated any one (1) of the operator's duties or responsibilities under section 1 of this chapter:
(1) The complete defense against an action against an operator under subsection (a) does not apply.
(2) The provisions of IC 34-51-2-6 apply.
[Pre-1998 Recodification Citation: 34-4-43-7.]
As added by P.L.1-1998, SEC.27.
Structure Indiana Code
Title 34. Civil Law and Procedure
Chapter 6. Limited Liability for Operators of Roller Skating Rinks
34-31-6-0.2. Application of Prior Law
34-31-6-1. Duties of Operators
34-31-6-2. Duties of Roller Skaters
34-31-6-3. Knowledge and Assumption of Risks Presumed; Risks Included
34-31-6-4. Assumption of Risk as Complete Defense; Exception