Ind. Code ch. 34-31-11.4

in effect

Ind. Code § 34-31-11.4-1 Application

Sec. 1. (a) This chapter applies only to a recreational facility that is operated by an: (1) elementary school (as defined under IC 20-18-2-4); (2) approved secondary school (as defined under IC 21-12-1-5); or (3) approved postsecondary school (as defined under IC 21-7-13-6). (b) This chapter does not apply to the operator of: (1) an ice skating rink that is described in IC 34-31-6.5; or (2) a recreational facility with respect to an activity: (A) for which the recreational facility is not primarily designed (even if the recreational facility is designed to allow this activity); or (B) that is not recreation. As added by P.L.95-2015, SEC.5.

Ind. Code § 34-31-11.4-2 Duties of operator

Sec. 2. To qualify for limited liability under this chapter, an operator shall do all the following with respect to a recreational facility: (1) Post the: (A) duties of recreational users; and (B) duties, obligations, and liabilities of the operator; as prescribed in this chapter in at least three (3) conspicuous locations in or along the recreational facility. (2) Maintain the stability and legibility of all signs, symbols, and posted notices required by this chapter. (3) This subdivision applies only to a recreational facility located in a building. When the recreational facility is open, at least one (1) floor supervisor must be on duty. A floor supervisor: (A) must have received appropriate training to carry out the floor supervisor's duties; and (B) must use reasonable care in carrying out the floor supervisor's duties. (4) Maintain the floor or surface of the recreational facility in proper and reasonably safe condition. (5) If the recreational facility is located in a building or includes a building, maintain in good and safe condition the areas of the building open to recreational users. (6) Maintain equipment in good mechanical condition. (7) Comply with all applicable state and local fire safety codes, building codes, and other safety codes applicable to a recreational facility. As added by P.L.95-2015, SEC.5.

Ind. Code § 34-31-11.4-3 Duties of recreational user

Sec. 3. A recreational user shall do all the following: (1) Maintain reasonable control of the recreational user's speed and course at all times. (2) Use due care while operating or using equipment. (3) Heed all posted signs and warnings. (4) Maintain a proper view to avoid other recreational users, individuals, and objects. (5) Accept the responsibility for the following: (A) Knowing the range of the recreational user's ability. (B) Using the recreational facility within the limits of the recreational user's ability. (6) Refrain from acting in a manner that may cause or contribute to the injury of the recreational user or any other individual. As added by P.L.95-2015, SEC.5.

Ind. Code § 34-31-11.4-4 Risks of using a recreational facility

Sec. 4. (a) Recreational users are considered to: (1) have knowledge of; and (2) assume; the risks of using the recreational facility. (b) For purposes of this chapter, risks of using a recreational facility include the following: (1) Injuries that result from collisions or incidental contact with other recreational users or other individuals who are properly present at the recreational facility. (2) Injuries that result from falls caused by loss of balance. (3) Injuries that involve objects or artificial structures that are not otherwise attributable to an operator's breach of the operator's duties or responsibilities under section 2 of this chapter. (4) Injuries that result from the recreational user's violation of the recreational user's duties under section 3 of this chapter. As added by P.L.95-2015, SEC.5.

Ind. Code § 34-31-11.4-5 Defense to an action against an operator by a recreational user

Sec. 5. (a) Except as provided in subsection (b) and notwithstanding IC 34-51-2-6 concerning comparative fault, the assumption of risk under section 4 of this chapter is a complete defense to an action against an operator by a recreational user for injuries and property damage resulting from the assumed risks. (b) The following apply if an operator violates any of the operator's duties or responsibilities under section 2 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, unless IC 34-13-3 applies to the operator. (c) If IC 34-13-3 applies to an operator, the liability of the operator under section 2 of this chapter is subject to IC 34-13-3 and IC 34-51-2-2. As added by P.L.95-2015, SEC.5.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/34Fetched: 10/17/2026