H*3532 Session 111 (1995-1996)
H*3532(Rat #0329, Act #0293 of 1996) General Bill, By D.A. Wright, H. Brown,
Cato, Cooper, R.C. Fulmer, Harvin, B.H. Harwell, Keegan, Knotts, Koon, Wilkins and
Young-Brickell
A Bill to amend Title 52, Code of Laws of South Carolina, 1976, relating to
amusements, games, and athletic contests by adding Chapter 19 so as to
establish immunity from liability for injuries or death to a person engaged in
a skating activity caused by an inherent risk of ice or roller
skating.-amended title
02/08/95 House Introduced and read first time HJ-10
02/08/95 House Referred to Committee on Judiciary HJ-10
01/10/96 House Committee report: Favorable with amendment
Judiciary HJ-5
01/16/96 House Debate adjourned until Wednesday, January 17,
1996 HJ-24
01/17/96 House Objection by Rep. Cotty, Fleming & Inabinett HJ-23
01/17/96 House Amended HJ-23
01/17/96 House Read second time HJ-25
01/18/96 House Read third time and sent to Senate HJ-11
01/23/96 Senate Introduced and read first time SJ-14
01/23/96 Senate Referred to Committee on Judiciary SJ-14
03/06/96 Senate Committee report: Favorable Judiciary SJ-21
03/19/96 Senate Read second time SJ-14
03/19/96 Senate Ordered to third reading with notice of
amendments SJ-14
03/26/96 Senate Amended SJ-31
03/26/96 Senate Read third time and returned to House with
amendments SJ-31
03/28/96 House Point of order-Senate amendments not printed and
on member's desks for 24 hours HJ-76
04/03/96 House Concurred in Senate amendment and enrolled HJ-58
04/30/96 Ratified R 329
05/07/96 Became law without Governor's signature
05/07/96 Effective date 05/07/96 and applies only to
causes of action arising on or after this Act's
effective date
05/16/96 Copies available
05/16/96 Act No. 293
(A293, R329, H3532)
AN ACT TO AMEND TITLE 52, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO AMUSEMENTS, GAMES, AND
ATHLETIC CONTESTS BY ADDING CHAPTER 19 SO AS TO
ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR
DEATH TO A PERSON ENGAGED IN A SKATING ACTIVITY
CAUSED BY AN INHERENT RISK OF ICE OR ROLLER
SKATING.
Be it enacted by the General Assembly of the State of South
Carolina:
Ice or roller skating liability immunity
SECTION 1. Title 52 of the 1976 Code is amended by adding:
"CHAPTER 19
Ice or Roller Skating Liability Immunity
Section 52-19-10. As used in this chapter:
(1) `Inherent risk of skating' means those dangers or risks which are
an integral part of ice or roller skating including, but not limited to,
injuries which result from contact with other skaters or spectators,
injuries which result from falls caused by loss of balance, and injuries
which involve objects or artificial structures properly within the intended
path of travel of the skater.
(2) `Operator' means a person or entity who owns, manages, controls
or directs, or who has operational responsibility for an ice or roller
skating rink.
(3) `Skater' means a person wearing ice skates while in an ice skating
rink or roller skates in a roller skating rink for the purpose of recreational
or competitive skating without regard to whether the person paid
consideration.
(4) `Skating rink' means a building, facility, or premises which
provides an area specifically designed to be used by the public for
recreational or competitive ice or roller skating.
(5) `Spectator' means an invitee who is present in a skating rink but
is not wearing ice or roller skates.
Section 52-19-20. It is the responsibility and duty of the operator to
the extent practicable to:
(1) post in a conspicuous place the duties of skaters and spectators
and the duties, obligations, and liabilities of the operator as prescribed in
this chapter;
(2) maintain the stability and legibility of all signs, symbols, and
posted notices required by this chapter;
(3) have at least one floor supervisor on duty for approximately every
two hundred skaters when the skating rink is open for sessions. The
floor supervisor is not required to wear skates, and an operator is
considered to be a floor supervisor;
(4) maintain the skating surface in a reasonably safe condition and
clean and inspect the skating surface before each session;
(5) maintain the railings, kickboards, and walls surrounding the
skating surface in good condition;
(6) make certain that in skating rinks with step-up or step-down
skating surfaces that the covering on the riser and tread is securely
fastened;
(7) inspect emergency lighting units periodically and maintain the
emergency lighting units in proper working order;
(8) inspect rental skates on a regular basis and maintain the skates in
good mechanical condition; and
(9) comply with all applicable state and local fire and safety
codes.
Section 52-19-30. Each skater must:
(1) maintain reasonable control of his speed and course at all times to
the extent he is able;
(2) comply with all properly posted signs and warnings and follow
the reasonable instructions of the operator;
(3) wear skates only in areas designated by the operator;
(4) maintain a proper lookout to avoid other skaters and objects;
(5) accept responsibility for knowing the range of his own ability to
negotiate the intended direction of travel while on skates and to skate
within the limits of that ability; and
(6) refrain from acting in a manner which may cause or contribute to
the injury of himself or any other person.
Section 52-19-40. Each spectator must:
(1) comply with all properly posted signs and warnings and follow
the reasonable instructions of the operator;
(2) maintain a proper lookout to avoid skaters; and
(3) refrain from acting in a manner which may cause or contribute to
the injury of himself, any other spectator, or skater.
Section 52-19-50. (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 52-19-20 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.
Section 52-19-60. (A) An operator must post and maintain signs
placed in clearly visible locations within the skating rink that contain the
following warning notice:
WARNING
Under South Carolina law, an operator is not liable for an injury to or
the death of a skater or spectator resulting from an inherent risk of
skating, pursuant to Chapter 19 of Title 52, Code of Laws of South
Carolina, 1976. `Inherent risk of skating' means those dangers or
risks which are an integral part of ice or roller skating including, but
not limited to, injuries which result from incidental contact with other
skaters or spectators, injuries which result from falls caused by loss of
balance, and injuries which involve objects or artificial structures
properly within the intended path of travel of the skater. In a skating
facility, the decisions to wear a helmet or other safety equipment
normally associated with outdoor skating is the responsibility of the
skater and not the operator.
(B) Failure to comply with the requirements concerning warning signs
and notices provided in this section prevents an operator from invoking
the privileges of immunity provided by this chapter."
Time effective
SECTION 2. This act takes effect upon approval by the Governor and
applies only to causes of action arising on or after this act's effective
date.
Became law without the signature of the Governor -- 5/7/96. |